The Scottish Office (Back)
Scotland's Children
Children (Scotland) Act 1995
Implementation Newsletter No 3
 
Summary of Provisions
Part I of the Act:
  • Provides a new framework in statute for the relationship between parents and their children.
  • Introduces new statements of parental responsibilities and rights, including the responsibility and right to maintain contact if the child is not living with the parent.
  • Encourages parents who have parental responsibilities and rights to jointly take control in the raising of their children, so that both parents - even after divorce or separation - should continue to play a full role in the upbringing of their children.
  • Stipulates that children, bearing in mind their age and maturity, should be consulted on all major decisions affecting them.
  • Reaffirms the principle that in deciding whether or not to make an order which affects the child, a court must make the welfare of the child its paramount concern.
  • Places a duty on the court not to make any order unless it considers that it would be better for the child to do so than not to do so.
  • Gives the child the opportunity to express his or her views about any decision sought from the court, if the child chooses to do so.
  • Allows a child (even under the age of 16 years) to instruct a solicitor.
  • Makes it clear that a child can apply for legal aid.
  • Introduces a new legal procedure for unmarried fathers to acquire parental responsibilities and rights by formal agreement with the child’s mother.
  • Allows, if it is necessary to do so, for the court to make orders to reinforce parental responsibilities and rights.
  • Introduces new provisions for guardianship and administration of children’s property.