What Are Parental Responsibilities and Rights (PRRs)?
In Scotland, Parental Responsibilities and Rights (PRRs) are the legal duties and powers that parents or guardians have towards a child. These are defined under the Children (Scotland) Act 1995 and help ensure that children are raised in a way that meets their best interests.
Parents don’t automatically get these rights and responsibilities—who gets them, and how, depends on the situation.
What Do Parental Responsibilities Include?
Parents (or others with PRRs) must:
- Safeguard and promote the child’s health, development, and welfare
- Provide guidance and direction that suits the child’s age and understanding
- Maintain personal relations and direct contact if the child is not living with them
- Act as the child’s legal representative in legal matters
These responsibilities apply until the child is 16 (except the duty to guide, which lasts until age 18).
What Do Parental Rights Allow You to Do?
If you hold PRRs, you also gain legal rights to:
- Have the child live with you or decide where they live
- Provide guidance and make decisions about their education, religion, or medical care
- Maintain contact and relationships with the child, especially after separation
- Represent the child legally when necessary
Rights are there to help parents meet their responsibilities, not for personal control or gain.
Who Automatically Gets PRRs?
Under the law:
The child’s mother:
- Always has PRRs automatically at birth, regardless of marital status.
The child’s father:
- If married to the mother at the time of conception or afterwards
- If registered on the birth certificate (after May 2006 in Scotland)
Civil partners or same-sex spouses:
- May also acquire PRRs automatically if the law recognises them as parents.
How Can Others Get PRRs?
If someone doesn’t automatically have PRRs, they can apply to the court. This includes:
- Unmarried fathers not listed on the birth certificate
- Stepparents
- Grandparents or carers
Courts will grant PRRs if it is in the child’s best interests.
When Do PRRs End?
PRRs usually end when:
- The child turns 16, except for some guidance duties which last until 18
- A court removes the responsibilities and rights
- Parental rights and responsibilities are transferred legally to someone else
PRRs and Disputes Between Parents
Courts start from a position of equality. That means both parents usually have equal PRRs unless the court decides otherwise.
But when disputes happen (e.g., over where a child should live or go to school), courts will focus on:
- The child’s welfare
- The child’s wishes, depending on age and maturity
- The existing arrangements (e.g., where the child has been living)
Important: If a child is settled and happy with one parent, this may strongly influence the outcome.
Can PRRs Be Shared?
Yes. More than one person can have PRRs for the same child. For example:
- Two parents
- A parent and a stepparent
- A parent and a grandparent
Everyone with PRRs can usually exercise them independently, unless a major decision (like moving the child abroad) is involved—then consent is needed from all holders.
Key Takeaways
- PRRs ensure children are looked after, not used in disputes.
- They balance rights with responsibilities.
- Always seek legal advice if you’re unsure whether you hold PRRs—or how to apply for them.
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.