Scottish law is very clear that being a parent is not just about love and care but that parenting comes with legal responsibilities and rights. These are set out in the Children’s (Scotland) Act 1995, particularly in Section 1 (Parental Responsibilities) and Section 2 (Parental Rights).

At XK Family Law Solicitors Aberdeen, we help parents understand these Rights and Responsibilities daily. Whether you are married, separated, divorced, or never lived with your ex partner (child’s other parent), it’s vital to know what the law says about your duties and rights, particularly in times of dispute.

What Are Parental Responsibilities?

Parental responsibilities are the legal duties every parent has towards their child. They exist to ensure children are properly cared for and supported.

Under Section 1 of the Children’s (Scotland) Act 1995, parents must:

1. Safeguard and promote health and welfare – keep your child safe, healthy, educated, and supported etc.
2. Provide direction and guidance – ensure there are rules in place (until age 16) and provide advice (until age 18).
3. Maintain personal relations and contact – stay involved with your child even if you don’t live with them. This also prevents one parent unreasonably blocking another from reasonable contact.
4. Act as their legal representative – signing documents, making decisions, and representing your child legally.

These parental responsibilities always come first (before parental rights). They must be exercised in the best interests of the child.

What Are Parental Rights?

Parental rights are the legal powers given to parents so they can carry out their responsibilities.

Under Section 2 of the Children’s (Scotland) Act 1995, parents have the right to:

1. Decide where the child lives
2. Control and guide their upbringing
3. Maintain contact if the child lives elsewhere
4. Act as the child’s legal representative

Rights vs Responsibilities – What’s the Difference?

The law makes a clear distinction:

• Responsibilities come first.
• Rights exist only to help parents fulfil those responsibilities.

Example: You have the right to decide on your child’s medical care because you have the responsibility to safeguard their health.

This child-centred approach means the law always looks at the welfare of the child as the paramount consideration. That is the bar that must be reached… if what you are asking the court to Order is not in the best interests of the child, then the Order cannot be made. As such, you must prove to the court by way of evidence that the Order you are asking the court to make will make the child’s life better.

Shared Parental Rights and Responsibilities

• If both parents have parental rights and responsibilities, each can usually exercise them independently (for example, signing a school form).
• However, some big decisions – like taking a child abroad – require the consent of both parents if both have rights.

Travel and Relocation

One of the most important rules is:

• A parent cannot remove a child from the UK (if the child lives in Scotland) without the other parent’s consent, if both have parental rights. If your ex is not involved in the child’s life it is for you to determine whether they will seek a court Order to have you return to Scotland. Where a party does move from Scotland, you usually have 1 year to ask the court for an Order for the return of the child. After this period the court will be reluctant to uproot a child from their current life as at that point it would likely not be in their best interests.
• This applies to permanent moves and sometimes even to extended holidays. It even applies to moving from one part of Scotland to another.
• If parents disagree, the matter can be determined in court.

This protection prevents children being taken abroad without proper agreement.

Who Is Considered a “Child”?

• For health, welfare, residence, contact, and legal representation – under 16 years old.
• For guidance – under 18 years old.

Can Children Enforce These Duties?

Yes. The law allows a child (or someone acting for them) to go to court to make sure parents are fulfilling their responsibilities. This underlines that the focus is always on the child’s rights and welfare.

Case Law in Action

Scottish courts have clarified these principles in real cases:

• White v White (2001): Confirmed that the welfare of the child is always paramount when rights and responsibilities are exercised.
• Fourman v Fourman (1998): In relocation cases, courts weigh the child’s welfare above the parent’s wishes – meaning a parent’s “right” to move abroad is secondary to the child’s best interests. This is an essential point that the courts must consider.

Why This Matters for Parents in Scotland

Understanding parental rights and responsibilities is crucial if you are:

• Separating or divorcing – your rights and responsibilities continue no matter what.
• Disputing residence or contact – the law starts from the principle that children benefit from both parents’ involvement, unless it is unsafe. as such a court will assist non-residential parents obtain contact.
• Considering moving abroad – you’ll likely need the other parent’s consent or a court order.

Conclusion

The Children’s (Scotland) Act 1995 places children at the centre of family law. Parents must meet their responsibilities first, and they only have rights to the extent necessary to fulfil those responsibilities.

At XK Family Law Solicitors Aberdeen, we specialise in helping parents navigate these rules. Whether you need advice on contact, residence, relocation, or parental rights after separation, we can guide you through the process with clarity and compassion.

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