⚖️ 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.

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✍️ 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.

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