Part I

Parents, Children and Guardians

Parental responsibilities and parental rights

Views of children.
6
1
A person shall comply with subsections (1A) and (1D), in reaching any major decision which involves—
a
his fulfilling a parental responsibility or the responsibility mentioned in section 5(1) of this Act; or
b
his exercising a parental right or giving consent by virtue of that section
....
1A
The person must—
a
give the child an opportunity to express the child's views in—
i
the manner that the child prefers, or
ii
a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and
b
have regard to any views expressed by the child, taking into account the child's age and maturity.
1B
But the person is not required to comply with subsection (1A) if the person is satisfied that—
a
the child is not capable of forming a view, or
b
the location of the child is not known.
1C
In considering whether the child is capable of forming a view, the person is to start with the presumption that the child is.
1D
The person must, so far as is practicable, have regard to the views of any other person who has parental responsibilities or parental rights in relation to the child.
2
A transaction entered into in good faith by a third party and a person acting as legal representative of a child shall not be challengeable on the ground only that the child, or a person with parental responsibilities or parental rights in relation to the child, was not consulted or that due regard was not given to his views before the transaction was entered into.
S. 6(1A)-(1D) inserted (21.9.2025) by Children (Scotland) Act 2020 (asp 16), ss. 1(2)(b), 34(2); S.S.I. 2025/157, reg. 3 (with reg. 4)
Words in s. 6(1) inserted (21.9.2025) by Children (Scotland) Act 2020 (asp 16), ss. 1(2)(a)(i), 34(2); S.S.I. 2025/157, reg. 3 (with reg. 4)
Words in s. 6(1) repealed (21.9.2025) by Children (Scotland) Act 2020 (asp 16), ss. 1(2)(a)(ii), 34(2); S.S.I. 2025/157, reg. 3 (with reg. 4)