• Parental Rights

    Expert family law advice and representation

Contact Us

For a free consultation. Please note, we do not offer legal aid funding.

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input

Contact Us

For a free consultation. Please note, we do not offer legal aid funding.

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input

Need Advice on Parental Rights?

Need Advice on Parental Rights & Parental Responsibility?

Whether you are a mother, father, step-parent, grandparent you may hold parental rights & responsibilities for a child. These roles can be inherited on the child’s birth or through Court appointment, and are crucial in ensuring a child’s safe upbringing and supported development. Our parental rights lawyers can assess your rights and responsibilities and provide advice on the options available to you. 

What are Parental Rights?

What are Parental Rights?

Understanding your rights and responsibilities as parent to a child

Parental Rights and Responsibilities (PR&Rs) are the rights and responsibilities associated with a parent who is legally responsible for the safeguarding and promoting of their child’s development and welfare. Other legal responsibilities include, guidance, and maintaining and promoting contact as well as the responsibility to act as the child’s legal representative.

  • Biological Parents Rights

    Biological Parents Rights

    A child’s biological mother automatically acquires PR&Rs at birth. Father’s do not unless they are married to the child’s mother at the time of conception or thereafter. If the child is born after May the 4th 2006 and the father is named on the child’s birth certificate, he has PR&R. In the event none of these applies, a father will require a PR&R agreement or assistance from the Court.

  • Step-Parents or Grandparents Rights

    Step-Parents or Grandparents Rights

    Step-Parents, Grandparents or other third parties who “claim an interest” in a child can obtain PR&Rs by way of a Parental Rights and Responsibilities Agreement or by Court Order. Partners, Step-Parents or Grandparents have no automatic rights in relation to children. Applying for parental rights in Scotland can be a challenging process, and professional representation is highly advisable. 

  • Same-Sex Couples

    Same-Sex Couples

    Same-sex couples will gain parental rights if they are the birth mother or if they are in a civil partnership or marriage with the birth mother during any medical process to conceive a child, such as egg donation, artificial insemination, or embryo transfer. Even in these circumstances we advise you get in touch for legal advice to avoid any complications. 

Fathers Rights

A biological father does not automatically obtain PR&Rs. Where children are born before 4 May 2006, and the father is not married to the child’s mother and does not marry the mother after the birth, despite being named as the child’s father on the child’s birth certificate, that father will not hold PR&Rs without obtaining an Order for PR&Rs from the Court or by entering into a PR&Rs Agreement.

Often, applying for family rights is an emotionally challenging process, particularly where the communication is adversarial.

At Kee Family Law, we can help review your case and assess best options to obtain parental rights and responsibilities as a father. If you have established PR&Rs and are looking for guidance in custody and child contact agreements, we can also assist.

Do I need Parental Rights & Responsibilities?

Parental Rights & Responsibilities are necessary to make key decisions in a child’s life, including, where they will live, on medical care, social upbringing, or to emigrate and also it is what gives you a right to a relationship with them. PR&Rs are essential in establishing a duty of care to any child.

I am a step-parent to a young child, how can I obtain parental rights?

As a step parent married to or in a civil partnership with either the mother of a child or a birth father with existing PR&Rs, you can obtain rights by establishing a formal agreement with both biological parents of the child. You can also apply for a Court Order to be granted rights directly if there is concern for a child. Courts will always focus on what is best for a child’s welfare.

What happens if more than 1 person has parental responsibilities but we don’t agree on a decision?

If all parties with PR&Rs cannot decide on what is best for the child then the Court can be requested to intervene and decide based on the facts available contributing to the best outcome for the child’s welfare. Our advise however is that this should also be a last resort and we are very experienced in negotiating disagreement on your behalf to hopefully reach an outcome that is in your child’s best interests without requiring to go to Court.

How can I remove my Parental Rights & Responsibilities?

Should you choose to relinquish your parental rights, you can apply for a Permanence Order which will revoke your rights and responsibilities in favour of another party. As always, the Court will apply execution of such an order with the best interests of the child in any decision.

Kee Solicitors

  • Suite 5, Buchanan Business Centre,
    Cumbernauld Rd, Stepps,
    Glasgow, G33 6HZ

Tel:  0141 478 9090

Fax: 0141 626 4323