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Parental Responsibility is defined in the Children Act 1989 as:‘All the rights, duties, powers, responsibilities and authority which, by law, a parent of a child has in relation to the child and their property.’

Parental Rights & Responsibilities: Who has them?

Having Parental Rights over a child, is the recognition of having the power to make appropriate decisions concerning the upbringing of the child for including for example; their education, religion, residence and healthcare. With parental rights come parental responsibilities; essentially the duty to care for and protect your child. Parental Rights are legally distinct from being recognised as a child’s mother or father.

Who has Parental Rights?

The mother of a child-

  • Automatically has parental rights

The father of a child-

  • Does not automatically have parental rights.
  • If the father is married to the mother or subsequently marries her, he obtains parental rights.
  • The Family Law Scotland Act 2006 provided that a father has automatic Parental rights if he is on the child’s birth certificate.

How to obtain Parental Rights?

  • Fathers with no Parental rights, Grandparents, Step-Parents, aunts and uncles etc. can apply to Court to be granted Parental Rights over a child;
  • By entering into a voluntary Parental Responsibility Agreement with the mother.

In court when faced with an application for Parental Rights, the interests of the child are always honoured as the most important factor in the application.

As well as specialising in matters concerning Parental Rights and Responsibilities we offer a full range of Family Law services.

What Our Family Law Clients Say

"Thank you for everything you have done it has been good to know I was in safe hands, long bumpy road but we got there in the end." -
Anonymous for Charles Brown

"I want to express my thanks to you for your support and guidance over the past year, I really do appreciate it. In particular your continued support over the difficult weekends to re-assure me, was invaluable to my sanity! "- Anonymous for Charles Brown

"Your assistance has given me peace of mind throughout.  I appreciate your consideration during a difficult time for me. You have been very helpful." - Anonymous for Charles Brown

"Since our last conversation I've seen *A* on all arranged dates and been given extra time with her. Thanks for your help in getting me back in touch with my daughter and your professional service, I would certainly recommend Miller Samuel Hill Brown to anyone in my position."  - Anonymous for Charles Brown

"Thank you so much for your support and hard work in finally drawing matters to a close. It has been a long and sometimes difficult journey and the end now has been worthwhile. I would not have been able to continue without your guidance and I shall forever remember you for that. I would have no hesitation in recommending you for the work you have done and shall indeed should the need arise come directly to you for that in future." -
Anonymous for Charles Brown

"The Family Law Department handled my situation phenomenally. I had no doubt that I could count on them to do everything they could to ensure the best outcome for me. They were good listeners and very reliable. This was particularly impressive since they were supporting me internationally. I would highly recommend Miller Samuel Hill Brown in the future." - Anonymous.

“You (Charles Brown) made (the process) seem very straightforward and simple for me and that was excellent” - Anonymous.

Applying for Parental Rights

At Miller Samuel Hill Brown we provide clear expert advice on all aspects of family law - based in Glasgow City Centre, our family lawyers also help clients in Glasgow's West End, South Side, Paisley and across Renfrewshire, Lanarkshire and Central Scotland. Let us help you. Please contact our family lawyer, specialist in Parental Responsibility Rights, Charles Brown on 01412211919 or fill in our online contact form.

Get Legal Advice, call: 01412211919

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