Scottish Government to Review Parental Rights for Convicted Sex Offenders

12 September 2026

In a significant development for family law in Scotland, the Scottish Government has announced a review of the current legal framework concerning parental rights and responsibilities (PRRs) for individuals convicted of serious offences, including sexual crimes. This initiative aims to address concerns about the automatic retention of parental rights by convicted offenders, which can lead to protracted and distressing legal battles for the non-offending parent.

Under existing Scottish law, a criminal conviction does not automatically strip an individual of their PRRs. This means that even after being convicted of serious offences, individuals may retain the right to make decisions about their child's upbringing or seek contact with them. Consequently, non-offending parents often find themselves compelled to initiate separate civil court proceedings to restrict or terminate the offender's parental rights—a process that can be both emotionally and financially taxing.

The catalyst for this review was a campaign led by a mother from Fife, referred to as Alexandra, whose former partner was convicted of possessing over 200 child abuse images. Despite his conviction, he retained his parental rights, forcing Alexandra into a prolonged legal struggle to protect her child. Her case highlights the pressing need for a legal system that prioritizes the safety and well-being of children over the rights of convicted offenders.

Victims Minister Kirsten Oswald confirmed the government's commitment to this issue, stating that they will "undertake a review of the current legal position in Scotland specifically to understand the options that are available." This review will explore the possibility of automatically restricting or suspending PRRs for parents convicted of certain serious offences, thereby alleviating the burden on non-offending parents and better safeguarding children.

At Thompson Family Law, we recognize the profound impact that such legal complexities can have on families. Our team is dedicated to providing compassionate and practical support to those navigating these challenging circumstances. We will closely monitor the progress of this review and are prepared to assist clients in understanding how potential changes may affect their rights and responsibilities.

For parents facing similar challenges, it's crucial to seek legal advice promptly to ensure the protection of your child's welfare. Our experienced solicitors are here to guide you through the legal processes and advocate for your family's best interests.