Understanding Grandparents' Rights in Scotland: Navigating Legal Challenges and Protecting Family Bonds

Grandparents often play an important role in the wider family unit, and they can have a positive impact on the wellbeing and happiness of the entire family. From providing help with child care while parents work, to simply spending time having fun and making memories together, there are undoubtedly benefits for both generations. In Scotland, grandparents do not have automatic legal rights to see their grandchildren. This means that if their relationship breakdown with the children’s parent,  options can be limited. The loss of contact can have an adverse impact on both the grandparents and the grandchildren.

Key Points on Grandparents’ Rights in Scotland:

No Automatic Rights:

Grandparents do not have an automatic right to see their grandchildren or have a legal say in their upbringing. Parents hold Parental Rights and Responsibilities (PRRs), not grandparents.

Best Interests of the Child:

The court’s primary concern is the welfare of the child, not the desires of the grandparents. The court will consider whether maintaining a relationship with the grandparents is in the child’s best interests.

Negotiating with Parents:

If the parents are not agreeable to maintaining the relationship, the first step should be negotiation. This can often be resolved through open discussions or mediation to reach an agreement without needing to go to court.

Applying for Contact through the Court:

If negotiations fail, grandparents can apply to the court under section 11 of the Children (Scotland) Act 1995 for an order to secure contact with their grandchildren.

Grandparents do not need PRRs to apply for contact, but they must demonstrate that having contact is in the child’s best interests.

The court will consider factors such as the existing relationship between the child and the grandparent, the child’s welfare, and, depending on the child’s age, the child’s own views.

The court may refuse contact if it believes that seeing the grandparent would not be in the child’s best interests. This could be due to strained family relationships, concerns about the child’s welfare, or if there is a history of conflict or abuse.

Child’s Views:

If the children are old enough to express a view, they must be given the opportunity to do so.

The court is not bound by the child’s wishes but will take them into consideration, especially if the child expresses a strong preference.

Mediation as an Option:

Mediation is often recommended before escalating matters to court which should always be considered a last resort. This process involves a neutral third party helping the family come to an agreement about contact. It is less stressful and less costly than court proceedings and can help resolve disputes amicably.

If you’re facing difficulties with seeing your grandchildren, consulting with a solicitor specialising in family law or considering mediation may help resolve the situation without the need for court action.