What are parental rights and responsibilities?

Parental rights and responsibilities allow parents to make decisions about their child’s life. This includes the child’s name, the child’s religion, where the child lives and which school the child will go to. Parental rights remain in force until the child is 16. However, the responsibility on a parent to provide guidance to a child exists until the child reaches 18.

What parental rights does a father have?

A child’s mother automatically has full parental rights and responsibilities when the child is born.

A child’s father has parental rights and responsibilities if:

  • He is married to the child’s mother at the time the child is born or;
  • He is registered as the child’s father on the child’s birth certificate

What if a father does not have parental rights and responsibilities?

If a father does not automatically have parental rights and responsibilities the parties can sign a formal parental responsibilities and parental rights agreement.This type of agreement is signed by both parents and then registered.

A separate Minute of Agreement might also assist with setting out the contact arrangements agreed and this can be relied upon as a statement of what both parents expect to happen on a regular basis. Such agreements are not enforceable in the way that a court order is, but unless there are problems with the operation of the agreement then there should be no need to have a court order to regulate co-parenting arrangements.

Parental rights and responsibilities can also be granted to a father by the courts.

When do I need to go to court?

We generally recommend court as a last resort when negotiation has failed. Court action can be raised to seek orders in respect of parental rights and responsibilities and the court may grant such orders as it considers necessary and, in the child’s best interests.

Can a mother legally keep a child away from the father?

When making any decision about a child, the court requires to have the child’s best interests as the primary consideration. When parents are making decisions about their child, the child’s welfare should be front of mind.

If a father has parental rights and responsibilities and there is no compelling reason why contact should be stopped (eg. domestic abuse, alcohol or drug abuse), then the relationship between a father and child should be promoted and contact should take place. Generally, most children do better in life if both parents are involved with their upbringing.

Even if one parent faces such difficulties, if contact can take place safely then it may still be better for the child to maintain a relationship with that parent than to have no relationship at all.

I need further advice about father’s rights

We offer all our clients a free, 15-minute consultation call with one of our Solicitors to determine how we can help. Call our office on 0131 622 8477, email [email protected] or submit your enquiry here.