Mixed Messages: Parental Responsibilities, Public Opinion and the Reforms of Family Law

This article explores some issues arising when updating familylaw to keep pace with changes in family practices and values,in particular with changing patterns of parenting. It considersthe extension of parental rights and responsibilities beyondthe conventional boundaries of family law – to unmarriedfathers, step-parents and grandparents – with referenceto four different roles of family law. These roles are: protectingchildren, resolving disputes, regulating family life and promotingfamily norms. The article takes as an example of legal reformthe recently enacted Family Law (Scotland) Act 2006, which extendsparental rights and responsibilities to unmarried fathers whojointly register the child’s birth; but not to step-parentsor grandparents. The mixed messages that this reform conveysare considered in relation to the latest evidence of publicopinion in Scotland about parental obligations and the extentto which they align with public opinion on these issues.