What Are My Family and Parental Rights in 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. The law is the Children (Scotland) Act 1995. The rules for England, Wales and Northern Ireland are different.

What this guide does not cover

• England, Wales or Northern Ireland: see the England and Wales guide or the Northern Ireland guide.
• Protecting yourself or a child from abuse with a court order: see the domestic abuse court orders guide for Scotland. If you or a child are in danger now, call 999.
• Divorce, dissolving a civil partnership, and sharing money or property after a split: ask a family solicitor or Citizens Advice Scotland.
• Adoption, permanence orders, kinship care, children's hearings and social work cases: ask a family solicitor.
• Surrogacy and parental orders: see the surrogacy checker.
• Maternity, paternity, parental or bereavement leave and pay, and flexible working: see the maternity, bereavement and flexible working checkers.
• Child Benefit and other benefits: see the benefits checker.
• Whether you can get legal aid: see the legal aid guide for Scotland.
• Court fees, how a court case works, and enforcing or changing an existing court order: ask a family solicitor.
• Changes made by the Children (Scotland) Act 2020, and at what age a child can make their own decisions: ask a family solicitor.
• A child taken abroad, or about to be taken abroad, without agreement: ask a family solicitor straight away.
• How much child maintenance will be: use the child maintenance calculator on GOV.UK. This guide gives no rates.
• Challenging a Child Maintenance Service decision, and child maintenance where a parent or the child lives abroad: ask the Child Maintenance Service or Citizens Advice Scotland.

⚖ At a glance

• In Scotland the law talks about parental responsibilities and rights (PRRs).
• All mothers have PRRs. Only a court order can take any of them away.
• A father has PRRs if he was married to the mother when the child was conceived or at any time after that, or if he and the mother registered the child's birth jointly on or after 4 May 2006.
• If parents cannot agree, the sheriff court or the Court of Session can make an order, for example a residence order or a contact order. The child's welfare is the court's most important consideration.
• Mediation is available from Relationships Scotland. The England and Wales rule that you must attend a mediation meeting (MIAM) before going to court does not apply in Scotland.
• Child maintenance in Scotland works the same way as in England and Wales: agree it yourselves or use the Child Maintenance Service. Applying is free.

The questions that decide the answer

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.

• All mothers have PRRs automatically. Only an order by a court can take any of them away.
• A father has PRRs if he was married to the mother at the time of the child's conception or at any time after that.
• A father who is not married to the mother has PRRs if he and the mother jointly registered the child's birth on or after 4 May 2006.
• Otherwise, a father can get PRRs by completing and registering a Parental Responsibilities and Parental Rights Agreement with the mother, or by asking the court.
• A second female parent under the fertility treatment law has PRRs if she is registered as a parent of the child.
• When taking decisions about a child, parents should listen to the child's views, taking account of the child's age and maturity.
• Before a major decision about a child, a person with PRRs must also listen to the views of anyone else who has PRRs for the child.

Agreeing arrangements for your child

• Many parents agree where the child lives and contact between themselves. The Scottish Government's Parenting Plan helps parents agree arrangements that put the child first. It is not recommended where there has been violence or abuse.
• Parents can also make a legally binding written agreement, called a minute of agreement, and register it.
• Relationships Scotland provides family mediation, funded by the Scottish Government. Mediation may not be appropriate in every case, for example where there has been domestic abuse.

Going to court about a child

• Court orders about children are made under section 11 of the Children (Scotland) Act 1995, in the sheriff court or the Court of Session.
• The court can make a residence order (who the child lives with), a contact order (contact between the child and someone they do not live with, for example a parent or a grandparent), a specific issue order (one question about the child's upbringing), an interdict stopping a particular step, or an order giving or taking away PRRs.
• A parent can apply. Someone who does not have PRRs but has an interest in the child, such as a grandparent, can also ask the court for an order.
• The child's welfare is the court's paramount consideration. The court also takes account of the child's views and only makes an order if that is better for the child than making no order.

Child maintenance

• You must have a child maintenance arrangement if your child is under 16, or under 20 if they are in approved education or training. Both parents are responsible for the costs of raising their children, even if they do not see them.
• You can agree it between yourselves (a family-based arrangement) or use the Child Maintenance Service. Applying to the Child Maintenance Service has been free since 26 February 2024.
• The Child Maintenance Service works out a weekly amount from the paying parent's gross income (before tax and National Insurance), the number of children they must pay for and other children they support. It can reduce the amount if the child stays overnight with the paying parent for 52 nights a year or more (shared care).
• Direct Pay: the parents arrange the payments themselves and neither pays collection fees. Collect and Pay: the Child Maintenance Service collects the money from the paying parent and pays it to the receiving parent. The paying parent is charged 20% on top of the maintenance, and 4% is taken out of the amount the receiving parent gets.
• If the paying parent does not keep up with Direct Pay, the receiving parent can ask for the case to move to Collect and Pay. The Child Maintenance Service can then recover unpaid maintenance.
• You can use the Child Maintenance Service if you do not want the other parent to know where you live or your personal information.
• Child maintenance payments do not affect benefits, including Universal Credit, and you do not pay tax on them.
• The government plans to abolish Direct Pay and change the collection fees from 2027-28. These changes are not in force yet.

Deadlines

• This guide gives no time limit for asking the court for an order about a child. If you are sent court papers, they say what you must do and by when: get advice straight away.

Money figures

• Collect and Pay collection fees: 20% for the paying parent, 4% for the receiving parent. Direct Pay: no collection fees.
• This guide gives no court fees, mediation costs or child maintenance rates.

Traps

• A father who was not married to the mother and did not register the birth jointly with her on or after 4 May 2006 does not have PRRs until he has a registered agreement or a court order.
• Scotland uses residence orders and contact orders. Child arrangements orders, form C100 and the MIAM rule are England and Wales only.
• Scotland's rule on marriage is about the time of conception or later, not the time of birth.
• The Child Maintenance Service covers Scotland, England and Wales. Northern Ireland has its own Child Maintenance Service.
• Collect and Pay costs both parents money. Direct Pay has no collection fees.