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Family Rights Guide

What Are My Family and Parental Rights in Scotland?

Who has parental responsibilities and rights, agreeing arrangements for a child, mediation, residence and contact orders, and how child maintenance works.

Last reviewed: 2026-09-25 Sources: listed at the end, each checked on the date shown Scotland

Who this guide is for

Parents, and other people involved in a child's life, in Scotland who want to know who has parental responsibilities and rights, how to agree or go to court about where a child lives and who they have contact with, and how child maintenance works. It also covers the basics of getting a divorce. The law is the Children (Scotland) Act 1995. The rules for England, Wales and Northern Ireland are different.

What this guide does not cover

At a glance

What the rules depend on

  1. Where does the child live? Scotland: this guide. England, Wales or Northern Ireland: see that guide.
  2. What is your relationship to the child? Mother; father (married to the mother at the conception or later, or not; registered on the birth jointly with her on or after 4 May 2006, or not); second female parent; grandparent or other relative. This decides whether you already have PRRs.
  3. What do you need? PRRs; where the child lives or contact with the child; one question you cannot agree on; or child maintenance.
  4. Is there domestic abuse or a risk of harm to you or the child? If yes, a parenting plan or mediation may not be suitable, and you can ask for a protective order: see the domestic abuse court orders guide.

Parental responsibilities and rights

Parents have responsibilities to safeguard and promote the child's health, development and welfare; to provide direction and guidance; if the child does not live with them, to keep up personal relations and direct contact with the child on a regular basis; and to act as the child's legal representative. They have matching rights so they can carry out these responsibilities: to have the child living with them or otherwise to decide where the child lives; to control, direct or guide the child's upbringing; if the child does not live with them, to keep up personal relations and direct contact with the child on a regular basis; and to act as the child's legal representative.

Agreeing arrangements for your child

Going to court about a child

Child maintenance

Getting a divorce

Deadlines

Money figures

Where to go for help

Child Maintenance Service: 0800 171 2345, Monday to Friday 8am to 6pm.

Family mediation: Relationships Scotland (relationships-scotland.org.uk).

Domestic abuse: 999 in an emergency. Scotland's Domestic Abuse and Forced Marriage Helpline 0800 027 1234, free, 24 hours.

A family law solicitor: for advice on your own case and to raise a court action.

Citizens Advice Scotland: 0800 028 1456

Traps

Sources (checked 2026-09-25)

  • gov.scot Family Justice Modernisation Strategy Part 5 (s1 responsibilities and s2 rights; all mothers; father married at conception or subsequently; joint registration after 4 May 2006; PRR agreement completed and registered) - checked 25 Sep 2026
  • gov.scot Parenting Plan guidance p19 (only a court order can remove a mother's PRRs; listen to the child's views taking account of age and maturity; listen to the views of anyone else with PRRs before a major decision)
  • legislation.gov.uk Children (Scotland) Act 1995 s3(1)(d) (second female parent under HFEA 2008 s43 has PRRs if registered as a parent) and s11(1)-(2)(c)-(f) (Court of Session or sheriff court; residence order, contact order, specific issue order, interdict; orders depriving PRRs)
  • Scottish Parliament SPICe briefing for petition PE2057 (Parenting Plan not recommended where violence or abuse; minute of agreement; s11 residence and contact orders, contact e.g. a parent or grandparent; three principles) + Scottish Government submission PE2057/A (welfare paramount) + PE2163/A (Scottish Government funds Relationships Scotland family mediation; mediation may not be appropriate where domestic abuse); gov.scot review of Part 1 consultation (minutes of agreement can be registered)
  • s11(3) title to sue for a person claiming an interest - as quoted by Brodies LLP (section 11(3) checked on legislation.gov.uk 14 Oct 2026)
  • GOV.UK Making child arrangements (process different in Scotland); child maintenance: same GB sources as the England and Wales guide (GOV.UK CMS pages, SI 2024/87 EM, CMS statistics to March 2026, Commons Library 8 Jul 2026, 0800 171 2345)
  • Citizens Advice Scotland 0800 028 1456; Scotland's Domestic Abuse and Forced Marriage Helpline 0800 027 1234
  • scotcourts.gov.uk: Simplified (do-it-yourself) procedure (conditions; domicile or one year's habitual residence; designed so you do not need legal advice; fee exemption) and Ordinary (non-simplified) procedure; Sheriff court fees (payable from 1 April 2026). legislation.gov.uk: Divorce (Scotland) Act 1976 s.1 (grounds); Family Law (Scotland) Act 1985 s.12 (orders on granting decree); SSI 2026/74 Schedule 1 (simplified divorce GBP 156; initial writ in a divorce action GBP 191). Checked 11 October 2026.
Important disclaimer: This guide covers family and parental rights in Scotland as at 2026-09-25. General legal information only, not legal advice. ukworkrights.co.uk, Not a law firm.

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