Scottish Government Reviews Parental Rights for Convicted Sex Offenders

21 September 2026

Recent developments have highlighted a significant gap in Scottish family law concerning the parental rights of individuals convicted of serious sexual and violent offences. This issue came to the forefront following a case in Fife, where a mother faced civil court action from her ex-partner, despite his conviction for possessing child abuse images. Under current Scots law, criminal convictions do not automatically affect civil parental rights, placing the onus on protective parents to initiate separate court proceedings.

Recognising the challenges this presents, Victims and Community Safety Minister Kirsten Oswald announced a comprehensive review of parental rights and responsibilities for parents convicted of grave sexual and violent offences, including child sexual abuse. The review aims to explore options for automatically restricting or suspending these rights, thereby alleviating the burden on victims and ensuring the safety and well-being of children.

Organisations such as Scottish Women's Aid and Rape Crisis Scotland will be consulted during this process. While any legislative changes would follow public consultation and are unlikely before the latter half of the current parliamentary term, this initiative marks a significant step towards strengthening child protection measures in Scotland.

At Thompson Family Law, we understand the complexities and emotional toll such situations can impose on families. Our dedicated team is committed to providing compassionate and practical legal support to navigate these challenging circumstances. If you have concerns about parental rights and child safety, please don't hesitate to reach out to us for guidance tailored to your specific needs.