Award of Parental Responsibilities and Parental Rights to Father

Part of Orders of the Day — Children (Scotland) Bill – in the House of Commons at 5:45 pm on 1st May 1995.

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  1. —(1) Where a child's father does not have parental responsibilities or parental rights in relation to him and the mother and father have not agreed to provide for the father to have such responsibilities or rights, the father may apply to the court for such rights, provided that, unless there are exceptional circumstances he does so—
    1. (i) no earlier than three months from the date of the child's birth; and
    2. (ii) no later than a maximum number of years to be prescribed by the Secretary of State from the date of the child's birth if during the intervening time he had no active part in providing for or caring for the child.
  2. (2) Before awarding parental responsibilities and parental rights under subsection (1) above, the court shall satisfy itself that arrangements are made for these rights to be exercised in such a manner as to avoid the father having knowledge of the address of the mother if she does not wish him to have such information.
  3. (3) Where a father awarded parental responsibilities or parental rights under subsection (1) above is subsequently convicted of any offence involving violence or of any offences mentioned in Schedule 1 to the Criminal Procedure (Scotland) Act 1975 (offences against children to which special provisions apply) or in sections 2A to 2C of the Sexual Offences (Scotland) Act 1976 (incest and intercourse with a child by step-parent or person in position of trust), or has had a protection order enforced against him, his parental responsibilities and parental rights will terminate, pending any further application by him to the court for the restoration of such responsibilities and rights.'.—[Mrs. Fyfe.]
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