What rights do I have to see my grandchildren?
Sponsored Editorial with Brodies LLP
A child's relationship with their grandparents is often a meaningful and special relationship, with many of us having fond childhood memories of time spent with our grandparents.
However, grandparents can often find themselves in a difficult and upsetting situation if there is conflict between them and one or both of the children's parents. If parents separate, grandparents on one side of the family can sometimes feel sidelined, particularly if they end up spending less time with their grandchildren.
Can parents stop me from seeing my grandchildren?
It can be surprising for grandparents to learn that the law in Scotland does not provide them with an automatic right to contact with their grandchildren. The only people that have that right are a child's parents.
What solutions are available?
In the first instance, the best way to re-establish and maintain a close relationship with a grandchild is to try and mend the conflict that has arisen with the parent/s.
If a grandparent feels comfortable doing so, they can attempt this directly.
If this isn't suitable, another option is to speak to a family lawyer. Each family situation is different, so a lawyer will provide advice that suits the circumstances and determines the best way forward.
How can a family lawyer help?
Instructing a family lawyer doesn't necessarily mean that grandparents need to raise a court action; they would usually try to resolve issues away from the courtroom in the first instance.
Mediation might be a suggested option - an alternative method of dispute resolution that involves using a trained and impartial mediator to attempt to work through any difficulties that have arisen. Both parents and grandparents need to be willing to mediate though, for this process to be a success.
Alternatively, a family lawyer can assist by negotiating directly with the parents of the child on behalf of the grandparents. This is usually done by writing a letter or sending an email to the parents.
Is going to court also an option?
Yes, but bear in mind that going to court can have the effect of deteriorating fractured relationships further. It can also be stressful and expensive for all involved.
Choosing the court process to resolve issues in grandparent contact should always be considered as a last resort.
What happens if going to court is the only option?
It is possible for a grandparent to raise proceedings (or for a lawyer to do it on their behalf), to ask the court to grant an order for them to have contact with their grandchildren.
They can do this by showing that they claim an interest in the welfare of the child. The court will only grant that order if they consider it in the child's best interests to do so.
If the child/children involved are old enough to be able to express a view on contact arrangements, the law provides that the court must give them an opportunity to share any views they have, and to consider those views in any decisions relating to grandparent contact.
What does a contact order from the court enable me to do?
Ultimately, if all other attempts to negotiate with a child's parent/s fail, or they do not want to engage at all, grandparents may find that raising a court action is their only option to secure contact.
If an order is made in the grandparents' favour, then contact will take place, as the parent/s must adhere to the court order.
