World Parent Day is an occasion which celebrates parents worldwide; and is marked on the 01 June every year. Its purpose is to show appreciation to all parents for their ongoing commitment to their children.  In acknowledgement of this day, it is important to consider what rights and responsibilities parents have in respect of their children.

Parental rights and responsibilities

Parental rights and responsibilities are defined in the Children (Scotland) Act 1995.

What are parental responsibilities?

1. These are set out in Section 1 of the Children (Scotland) Act 1995 and are as follows:
2. To safeguard and promote the child’s health, development and welfare
3. To provide in a manner appropriate to the stage of development of the child
   1. Direction
   2. Guidance to the child
4. If the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and
5. To act as the child’s legal representative

What are parental rights?

These are set out in Section 2 of the Act. It is important to understand that they exist to enable a parent to fulfil their parental responsibilities. They are as follows:

1. To have the child living with them or otherwise to regulate the child’s residence
2. To control, direct or guide in a manner appropriate to the stage of development of (c)the child, the child’s upbringing
3. If the child is not living with them, to maintain personal relations and direct contact with the child on a regular basis; and
4. To act as the child’s legal representative

Issues can arise where both parents want to exercise these rights in different ways.  For example, disputes can arise in relation to with which parent a child will live or have its principal home (residence) or how much time they will spend with the parent with whom they do not reside (contact) or the child’s enrolment at a specific school (specific issue order).

We hope parents can take the time to celebrate all that they do for their children on World Parent Day.  If, however, you are experiencing difficulties in relation to the care arrangements for your children, our family law team can help you reach a resolution. Our experienced solicitors can provide you with expert advice on all aspects of family law. We know that every family is unique and that is why we take the time to listen to your needs and tailor our advice to your circumstances. We invite you to reach out to us today at 0141 221 1919. We are here to assist you every step of the way.