Scots Family Law - Children - Parental Rights

Parental Rights

Parental rights exist to allow the individual or individuals responsible for the child to fulfil their parental responsibilities. Parental rights can only be exercised so far as practicable and in the best interests of the child. There are four recognised parental rights: (1) to have the child living with him or her or otherwise to regulate the child's residence; (2) to control, direct or guide, in a manner appropriate to the stage of development of the child, the child's upbringing; (3) if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and (4) to act as the child's legal representative. The list of parental rights, like parental responsibilities, supersedes the common law and therefore there is, "no room to argue that a parental right, say to physical chastisement exists beyond that found in the statutory rights listed above." The child, or anyone acting on behalf of the child, have title to bring legal proceedings to enforce a parental right. All parental rights are extinguished when the child turns 16 years old.