With Mitchells Roberton Solicitors
Grandparenting
In an ideal world, grandparents, parents and grandchildren are all happy to see one another and look forward to spending time together. Any issues are usually resolved privately amongst those concerned.
However, difficulties can arise e.g. where parents separate or divorce acrimoniously and the children live wholly or mainly with one of the parents. Or, a parent may have a strained (or non-existent) relationship with a grandparent.
Maintaining contact in these circumstances can be challenging and stressful for all concerned.
The law
The law states that grandparents do not have an automatic right of contact with their grandchildren.
In general, it is the child’s parents (and only the child’s parents) who have “parental rights and responsibilities” in relation to the child. One such parental right relates to who has contact with a child on a day-to-day basis.
What happens if a contact dispute with grandparents comes up?
It is of course best to try to settle any dispute about a child amicably with a child’s parents. You could even use a mediator or a solicitor to support this process.
If a contact contact cannot be settled amicably, The Children (Scotland) Act 1995 enables a grandparent (or anyone else with an interest) to apply to the sheriff court for a “contact order”.
- If a contact order is granted, it will set out the arrangements under which contact should happen.
- Courts reaching decisions in any dispute about “parental rights and responsibilities” will have regard to several key principles. The welfare of the child is the paramount consideration.
- The court must also consider (although not necessarily follow) any views the child expresses.
The Children (Scotland) Act 2020
The 2020 Act did not go as far as adopting a possible presumption in favour of contact between children and their grandparents. Instead, the Scottish Government has said it will continue to promote the Charter for Grandchildren.
The Charter for Grandchildren was introduced in 2006. It highlights the role of the wider family and sets out that grandchildren can expect to know and maintain contact with their wider family except in very exceptional circumstances.
But, the position remains that grandparents do not have any automatic right of contact with grandchildren.
Note: This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. If you would like us to advise you on any of the matters covered in this material, please contact Fiona Wayman: email Fiona@mitchells-roberton.co.uk
Mitchells Roberton Solicitors
George House
36 North Hanover Street
0141 552 3422
mitchells-roberton.co.uk
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