Do grandparents have the right to see their grandchildren?

There’s no doubt that grandparents can often play an important role in children’s lives, but that doesn’t mean they automatically have the right to see their grandchildren when family relationships break down.

Grandparents can help provide structure, care and support, and often form strong bonds with their grandchildren, so it can be extremely distressing to unexpectedly be prevented from seeing them. You may lose contact with your grandchildren, particularly when it is the result of an acrimonious breakdown in a partnership.

While grandparents do not have an automatic legal right to contact, there is a legal recognition that children can benefit from a relationship with family members outside of their parents. Section 16 of the Children (Scotland) Act 2020 directs that the court must take into account the impact any orders it makes on the child’s relationships with i) his or her parents; and ii) other important people in his or her life. This paves the way for grandparents to apply to remain involved in the care and wellbeing of a child.

What can grandparents do if contact is denied?

The first step is usually to try to make arrangements directly with the child’s parents, which can be with the assistance of a solicitor to negotiate contact on your behalf.

If it’s not possible to resolve the issue of child contact within the family or through negotiation, then mediation is a good option for families. Mediation allows families to come to an agreement between themselves, but with the help of a specially trained mediator who helps give the meetings structure, facilitates difficult conversations, and makes sure each party is heard.

No decision is final unless both parties agree, and often mediation can result in better communication and improved relationships in the long term.

What if negotiation and mediation fail?

If negotiation and mediation fail, seeking a court order can be the best option in cases where a grandparent wishes to have contact with a grandchild and considers this to be in the child’s best interests.

If a grandparent can demonstrate an “interest” in the child’s life, they can apply to the Court to seek a contact order. The Court will make a decision based on what is in the children’s best interests. This will include an assessment of the grandparents’ prior involvement in the child’s life and the impact of that being limited or terminated.

If the order is granted, a Contact Order can be made to formalise access rights to your grandchildren. In determining an application, the court will consider the applicant’s relationship with the child and, most importantly, what is in the best interests of the child. Family courts frequently recognise the instrumental role that grandparents play in their grandchildren’s lives and it is unusual that the court will refuse a grandparent access to grandchildren unless there is strong evidence against an application.

Litigation can be unpredictable and so court actions are normally raised as a last resort in family law. Your solicitor will attempt at first to negotiate contact with the child’s parents and may recommend mediation or a form of alternative dispute resolution. Court actions, however, are sometimes necessary.

If you wish advice or guidance regarding a contact matter, please be in touch with one of our team.