Section 1 of the Children’s (Scotland) Act 1995 sets out the core parental responsibilities that every parent has towards their child.
At XK Family Law Solicitors in Aberdeen, we help parents understand their rights and responsibilities. Below, we’ve broken down the law in simple English, with examples to explain how it works in real life.
What Are Parental Responsibilities?
Parental responsibilities are the legal duties that every parent owes to their child. They make sure children are looked after properly, both in terms of their welfare and their relationship with their parents.
Section 1 of the 1995 Act provides parents with the following key duties:
1. Safeguard and Promote Health & Welfare
Parents must protect their child’s health, development, and general welfare.
This includes:
- Making sure the child has food, shelter, and clothing.
- Looking after their physical and mental health.
- Supporting their education and development.
Why it matters: This duty ensures children are raised in a safe and supportive environment. For example, if a child is unwell, it’s the parent’s responsibility to seek medical treatment.
2. Provide Direction and Guidance
Parents must give their child:
- Direction (up until the child is 16) – e.g. setting boundaries like bedtimes, schooling, and discipline.
- Guidance (up until the child is 18) – e.g. advising on choices such as careers, relationships, or financial decisions.
Why it matters: The law recognises that parenting changes as children grow older. Teenagers may not need strict rules, but they still need advice and guidance.
3. Maintain Personal Relations and Contact
If a parent doesn’t live with their child, they still have a duty to:
- Keep in touch regularly.
- Maintain a meaningful relationship.
Why it matters: This is the legal basis for a parent’s right to contact. For example, if parents separate, the non-resident parent must still try to see their child, phone them, or stay involved in their life and build and maintain a bond with their children – unless it’s not in the child’s best interests (for example, in cases of abuse or neglect). It is a resident parent’s responsibility to encourage and indeed persuade (but not force) a child to exercise contact with their non-resident parent.
4. Act as the Child’s Legal Representative
Parents must also act as their child’s legal voice. This can mean:
- Signing school forms.
- Consenting to medical treatment.
- Representing the child in legal matters until they are old enough to act for themselves.
Who Is Considered a ‘Child’ Under the Law?
The Act makes a distinction:
- For health, welfare, contact, and legal representation a child is someone under 16.
- For guidance a child is someone under 18.
This means parents still have a duty to guide older teenagers (16–17), even though they may already have more independence.
Can a Child Enforce These Rights?
Interestingly, the law says that children (or someone acting for them) can go to court to enforce these responsibilities. In other words, if a parent is not fulfilling their duties, the child has a legal right to challenge that.
Parental Responsibilities vs Parental Rights
It’s important to understand that responsibilities come first. The Act makes clear that these duties replace old “common law” obligations. Parents can only exercise parental rights (like deciding where a child lives or goes to school) in order to fulfil these responsibilities.
For example:
- A parent has the right to make medical decisions for their child because they have the responsibility to safeguard their health.
This means Scottish law is child-centred: rights exist only to serve responsibilities, and everything must be done in the best interests of the child.
Why This Matters for Parents in Scotland
Understanding your parental responsibilities is crucial if you are:
- Separating or divorcing – these duties continue regardless of whether you live with your child.
- Disputing contact arrangements – the law expects you to keep in touch, unless there are serious welfare concerns. A Sheriff will assist a parent maintain contact with a child where reasonable contact has been unreasonably blocked.
- Co-parenting teenagers – guidance responsibilities apply until your child is 18.
- Responsibility for health, welfare, contact, and legal representation is 16.
- Facing a court case – Sheriffs always put the child’s welfare first and then base their decision on that. There is a bar to be met. If the Order you are asking the court to grant will make the child’s life better, the the Order should be granted. If the Order you are asking the court for does not make the child life better, the the Order cannot be granted. This is to prevent people coming to court over irrelevant issues.
Case Law Example
Courts in Scotland regularly apply Section 1 when deciding disputes. For example, in White v White (2001), the court emphasised that parental rights and responsibilities must be exercised with the child’s welfare as the paramount consideration. This principle runs through all Scottish child law.
Conclusion
Section 1 of the Children’s (Scotland) Act 1995 sets out the core duties of parenthood in Scotland. It makes clear that:
- Parents must protect and guide their children.
- Contact is a responsibility, not just a right.
- Everything must be done in the child’s best interests.
At XK Family Law Solicitors Aberdeen, we understand that family breakdowns can make these responsibilities complicated. We have years of experience with the Sheriff Courts in Scotland. If you’re worried about contact with your child, your parental responsibilities, or a court case, we can help you find a fair and child-focused solution. But remember, the court can only make an order that is in the child’s best interest.
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.