Parental rights and responsibilities
What parental responsibility is
Having parental responsibility means you have legal rights and duties relating to your children’s upbringing.
If you have parental responsibility, your most important roles are to:
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provide a home for the child
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protect and maintain the child
You’re also responsible for:
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disciplining the child
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choosing and providing for the child’s education
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agreeing to the child’s medical treatment
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naming the child and agreeing to any change of name
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looking after the child’s property
You have to ensure that your child is supported financially, whether you have parental responsibility or not.
There are different rules for parental responsibility in Scotland.
Parental responsibility for separated parents
If you have parental responsibility for a child but you do not live with them, it does not mean you have a right to spend time with your children. However, the other parent must include you when making important decisions about their lives.
You do not always need to get the consent of the other parent for routine decisions, even if they also have parental responsibility.
If it’s a major decision (for example, one of you wants to move abroad with your children) everyone who has parental responsibility must agree in writing.
You can apply for a Specific Issue Order or Prohibited Steps Order if you cannot agree. A judge will then make a decision which is in your children’s best interests.
You can get help to arrange contact with your children.