Mothers, married fathers[1], those in a civil partnership and fathers registered on a child’s birth certificate have precisely the same parental rights and responsibilities - one parent’s rights do not trump the other.
The Children (Scotland) Act 1995 does not provide guidance on day-to-day parenting. Instead, the obligation is initially on the parents to decide how their child splits their time between parents, and other welfare issues.
Children benefit from structure and routine, particularly after their parents separate and they are trying to adjust to changes within their family’s dynamic and their living arrangements. To make this transition as smooth as possible, parents should endeavour to agree on arrangements that allow children to spend quality time and maintain personal relations with both parents, while ensuring each parent takes on the responsibilities of safeguarding the children and promoting the child’s health, development and welfare while the child is in their care.
It’s important that both parents remember that their children shouldn’t be expected to understand or deal with the adult issues involved in your relationship breakdown. They simply need to know that it’s ok for them to have a relationship with both of their parents.
Here are some practical points to consider when planning childcare arrangements;
- Working parents can find it difficult to co-ordinate and arrange childcare during the day or school holidays. Try to agree division of days in plenty of time to allow both parents an opportunity to plan
- Try to avoid last minute changes to arrangements as this can cause a great deal of inconvenience and anxiety not only for the other parent but the child too
- Remember that arrangements should always be made in the child’s best interests, rather than prioritising the wants and needs of parents.
If agreement cannot be reached between parents, an action can be raised at the local Sheriff Court as a last resort, to regulate the child’s residence and contact or to ask the court to intervene in issues such as schooling or health decisions.
It can be emotionally difficult to negotiate childcare arrangements following separation particularly when parents have different views on what is best for their child. We have experience of assisting clients both with negotiating a difficult situation on behalf of parents or we can also advise you in relation to any agreement which you have reached directly with the other parent and prepare a formal written agreement on your behalf to reflect that.
[1] Note the important difference – a father doesn’t automatically have parental rights and responsibilities like a mother does. The biological father who is married to the mother of the children does however.
