Grandparents play a hugely important role in the lives of many children and they are often at the heart of the family unit.
When parents decide to separate, it comes as a surprise to many grandparents to learn that they have no automatic rights to have contact with their grandchildren.
At Johnson Legal Family Law, we can apply to the court to make contact or residence orders so that you can continue to see your grandchildren.
For a quick overview of grandparent’s rights, check out our TikTok video here.
What rights do grandparents have?
In Scotland, Grandparents do not have an automatic legal right to contact with a grandchild who is resident in Scotland.
The mother and father of a child have parental rights and responsibilities remain in Scotland with these rights being protected by the Children (Scotland) Act 1995.
In certain circumstances, it may be necessary for grandparents to obtain contact with their grandchildren and this is often when the family unit breaks down due to separation or divorce. In this instance, grandparents are often best placed to maintain the welfare of the child.
Before you approach a Solicitor, you should first try to speak directly with the parents to discuss arrangements for contact with grandchildren. If there is consistent difficulty in coming to an agreement with the parents, you will need to enlist the help of a Family Lawyer.
How can I make a contact order to see my grandchildren?
Your Solicitor will be able to help you to make an application to the court for a contact order, or a residence order if you believe their grandchildren should live with you. A contact order governs the child’s relationship with those they do not reside with whereas a residence order will govern who the child stays with.
The court must consider, taking into account all relevant factors, what is in the child’s best interest. In certain situations, the court will grant a contact order – particularly where the grandparent plays an important role in the child’s life or where the grandparent plays an important role in linking the child with their wider family.
The court will only make an order where it considers that it is in the best interests of the child. Depending on how old (or how mature) the child is, the court must also consider taking their views into account.
If such an order is made, and the parents do not adhere to it, then they may be found to be in contempt of court and could face a fine or imprisonment.
How can Johnson Legal Family Law help me to see my grandchildren?
At Johnson Legal, we care about our clients. We recognise that divorce and separation within a family can be one of the most stressful life events you may ever deal with.
We understand the importance of a child’s wellbeing, which is why we act for those wishing to gain contact with a child through contact or residence orders.
We offer all our clients a free, 15-minute consultation call with one of our solicitors to determine how we can help. Call our office on 0131 622 8477, email [email protected] or submit your enquiry here.
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We understand that seeking Family Law advice can be daunting. However, when you get in touch with us, you will find a tailored, highly personal and reassuring approach which will empower you to take back control.
