Parental responsibilities and rights

Author: Sarah Harvie-Clark

PDF Published: Tuesday 03 Sep 2024 (SB 24-40)

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Overview
Report

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Overview
Report
- Executive Summary
- Introduction
- Parental responsibilities and rights: an overview
- What are parental responsibilities and rights?
- Legal parenthood and PRRs
- Decision-making when more than one person has PRRs
- Who has parental responsibilities and rights?
  - The child's biological mother and father
    
    The biological mother
    
    The biological father
  - Adoptive parents
  - Same-sex parents
  - Parents through surrogacy
  - Step-parents
  - Grandparents
- Getting PRRs: registration or re-registration of a child's birth
  - Joint registration
    
    The need for parental co-operation
  - Joint re-registration
- Court orders under section 11 of the 1995 Act
  - The key principles relating to court orders under section 11
  - The legal remedies if a court order is disobeyed
- The Children (Scotland) Act 1995 in practice
  - Disputes in the sheriff court - the process
  - Child welfare reporters
  - Child contact centres
- Resolving parenting disputes without going to court
  - Alternative dispute resolution
    
    Family mediation
    
    Collaborative law
    
    Arbitration
    
    Family Group Decision Making
  - Making a Parenting Plan
  - Legally binding agreements
- The Children (Scotland) Act 2020
  - Children's participation in decisions about them
  - How courts reach their decisions - new statutory factors
  - Delay in a court case
  - Regulation of child contact centres and child welfare reporters
  - Child advocacy services
  - Failure to obey a court order
  - Alternative dispute resolution
  - Review of the 2020 Act
- Support, advice and further information
  - Support organisations
  - Alternative dispute resolution
  - Legal advice
Sources

Justice Committee. (2020). Stage 1 Report on the Children (Scotland) Bill, para 88. Retrieved from https://digitalpublications.parliament.scot/Committees/Report/J/2020/5/1/Stage-1-Report-on-the-Children--Scotland--Bill#Removal-of-the-12--presumption-in-relation-to-children-s-views

Bremner, A. (2021). Legal Aid - how it works, SPICe Briefing SB21-55. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2021/8/19/d60c5da7-11e1-49d1-b8df-aa0bb65cf9e5?wp-linkindex=31&utm_campaign=eBulletin_27_August_2021_issue&utm_content=news.parliament.scot&utm_medium=email&utm_source=Scottish_Parliament_Corporate_Body

Scottish Government. (2018). Your Parenting Plan. Retrieved from https://www.gov.scot/publications/parenting-plan/

Scottish Government. (2021). Child contact services - regulation: consultation. Retrieved from https://www.gov.scot/publications/children-scotland-act-2020-consultation-regulation-child-contact-services/

Scottish Government. (2022). Regulation of child contact centre services consultation: analysis. Retrieved from https://www.gov.scot/publications/regulation-child-contact-centre-services-consultation-analysis/

Scottish Government. (2021). Children (Scotland) Act 2020 - registers of child welfare reporters, curators ad litem and solicitors: consultation. Retrieved from https://www.gov.scot/publications/children-scotland-act-2020-consultation-registers-child-welfare-reporters-curators-ad-litem-solicitors-appointed-represent-person-prohibited-conducting-case/

Scottish Government. (2022). Registers of child welfare reporters, curators ad litem and solicitors appointed when an individual is prohibited from conducting their own case: consultation analysis. Retrieved from https://www.gov.scot/publications/registers-child-welfare-reporters-curators-ad-litem-solicitors-appointed-individual-prohibited-conducting-case-consultation-analysis/

Scottish Government. (2024, August 5). Children (Scotland) Act 2020 - section 23(1) and section 24(1): sixth report on the Scottish Ministers' duties. Retrieved from https://www.gov.scot/publications/children-scotland-act-2020-section-23-1-section-24-1-sixth-report-scottish-ministers-duties/

Haley, L. (2024). Legal advice - where to go and how to pay. SPICe Briefing SB 24-24. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2024/5/16/3d4eb61f-2f9e-4078-98b6-b161db1a65c2

Last Updated: 12/12 2:18pm

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