Children, Parental rights, Child support
A child for the purposes of consideration of parental rights and responsibilities or “PRR’s” in Scotland is a child under the age of 16 years.
The Children (Scotland) Act 1995 for the first time defined parental rights and responsibilities. Parental rights are given to parents in order that they can discharge their responsibilities to their children. These responsibilities comprise the following:
- To have the child living with them
- Failing the child living with them, to maintain regular direct contact
- To control, direct or guide the child's upbringing in an appropriate manner
- To act as the child's legal representative
Parents are also obliged to have regard to the views of the child in any major decisions affecting them.
All parents have automatic parental rights and responsibilities except for unmarried fathers. For children born before 4th May 2006 unmarried fathers can obtain PRR's by either registering a prescribed agreement with the child's mother or by applying to Court. The law changed on 4th May 2006. Unmarried fathers who are named as the father of the child on the birth certificate for births registered after that date will have automatic PRR's.
In the event of a separation or divorce it is extremely important for both parents to focus on the best interests of the child when considering residence, contact and other issues. Agreements regarding residence and contact arrangements as well as child aliment can be facilitated using mediation services or by negotiation through solicitors. If agreement cannot be reached then application can be made to Court for orders relating to children by any person with an interest. That includes other family members such as grandparents. Children aged 12 or older can choose to instruct their own solicitor and the Courts will put weight on any views expressed by a child in accordance with their age and maturity.
Parents have an obligation to provide financial support to their children until 25 years of age for as long as they remain in full time education. Child Support Maintenance is currently administered by the Child Support Agency and the CSA will automatically carry out a maintenance assessment if the parent with care is in receipt of state benefits. However, the Child Support Agency regulations do not preclude parents not in receipt of state benefits from entering into private negotiated agreements regarding child support. The courts in Scotland retain jurisdiction to deal with claims for child support made by children who are receiving full time tertiary eduction or for outgoings such as school fees.
Q: My ex won't let me see my children. Do I have to contribute to their upkeep?
A: Yes. Your obligation to support your child financially continues for as long as your child is in full time education to a maximum age of 25 years. This obligation subsists even if you do not have any contact with your child.
Q: How will the views of my child be obtained by a Court?
A: If your child is deemed to be of a suitable age (usually 8 or older) when any Court action is raised they will receive a “child friendly” form to complete either by themselves or with the assistance of an adult.
The court will often also appoint an experienced family law solicitor or social worker to prepare a report or to act for the child's best interests as “curator ad litem”. This would involve this person meeting the child at home.
Sometimes the Sheriff or Judge will also speak directly to the child in his chambers at Court.