(a Family Mediation service)
What are Parental Responsibilities & Rights (PRRs)?
Parents have a responsibility to:
• Care for their children
• Advise & guide their children
• If not living with the children, to have direct contact with their children
• To act as their children’s legal representative
Parental Responsibilities go along with Parental Rights. These Rights help
parents fulfil their Responsibilities
Parents have a right to:
• Have their children live with them or have a say in where they live
• Say how their children will be brought up
• If not living with the children, to have direct contact with their children
• To act for their children in legal proceedings
Who has Parental Responsibilities & Rights?
The law changed with the Family Law (Scotland) Act 2006 and
different rules apply for children born before and after 4th May 2006.
For children born on or after 4th May 2006 - both
the child’s mother and father (as long as his name appears as the father on the
birth certificate) have automatic Parental Rights & Responsibilities.
For children born before 4th May 2006 – automatic
Responsibilities & Rights are conferred upon mothers. Fathers also have
automatic PRRs if they were married to the child’s mother (or got married
later.)
Fathers without Parental Responsibilities & Rights can get
PRRs by:
• completing a form called a Parental Responsibilities & Parental Rights
Agreement (PRPRA). This requires the child’s mother to agree and both parents
have to sign the form. Forms are available from any Citizen’s Advice Bureau and
Family Mediation Borders can help you complete these, if you wish.
• Applying to the court for an order giving you PRRs. You can ask for this
whether your child’s mother agrees or not.
Can anyone else get Parental Responsibilities & Rights?
Only fathers can have PRRs conferred upon them by signing a PRPRA but other
people, such a step-parents or grandparents can ask the court for PRRs.
If I have Parental Responsibilities & Rights will the
children live with me?
Where the children live will ideally be decided by parents themselves. Family
Mediation Borders helps many parents agree difficult decisions about with whom
children will live and where and when they can spend time with their other
parent and/or grandparents and other family members.
If parents can’t come to agreement themselves, either of them can apply to the
court to make the decision. The court can make certain orders such as:
• Residence Order – this says where a child will
live
• Contact Order – this sets arrangements for a
child to spend time with a parent or other family member with whom they don’t
normally live.
More information
Family Mediation Borders can provide individuals and families
with support and legal information. However, we always advise that all clients
seek independent legal advice from a solicitor. A list of local family law
solicitors is available on our Other help & links
page.