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Father’s Day

To mark Father's Day, David Cameron spoke to the Daily Telegraph regarding runaway fathers.

In this article, the Prime Minister was quoted as saying it "simply isn't acceptable" for mothers to be left to bring up children on their own.

He went on to say that even when parents separate, fathers have a duty to support their children "financially and emotionally", spending time with them, attending school shows and taking an interest in their education.

The flip side of this, however, is fathers who want to be involved in their child's life but don't have Parental Rights and Responsibilities.  There are two instances where fathers have automatic Parental Rights and Responsibilities:-

  1. Where the parents are married at the date of conception or any time thereafter
  2. If the child was born after 4th May 2006, if the father is registered on the birth certificate

The Children (Scotland) Act 1995 covers Parental Rights and Responsibilities and a PRR agreement can be entered into by the child's parents if they both co-operate.  Alternatively an application can be made to court. 

A PRR Agreement is a legal document which shows that a mother who has PRRs and the child's father, have both agreed that the mother should share her PRRs with the child's father. 

Entering into such an agreement is an important step.  A Scottish Family Law Solicitor can help you enter into such an agreement. 

To qualify for such an agreement the following should apply:-

  • The child must already have been born
  • The father does not already have PRRs in relation to the child
  • The mother has not had her PRRs taken away from her by an order of court
  • The father is the child's natural father as opposed to being a step father or partner of the child's mother

Once both parties have signed an agreement, it should then be registered with Registers of Scotland. Once the agreement has been registered, it can only be changed or ended by an order of court.  The court can also make orders to remove some or all of the PRRs from the parent.

It should be remembered that all parents, whether they have PRRs or not, have a duty to maintain their children.

Posted by

Ainsleigh Philip

Ainsleigh Philip

Legal Secretary

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