Around 9500 couples divorced in Scotland last year. Research by family-focussed charities has shown that around 40% of grandparents lose contact with their grandchildren when divorce is involved. Furthermore, many grandparents lose contact simply because of a breakdown in family relationships with the child’s parents.
This is a sad fact for the many loving grandparents who lose contact with grandchildren they have often been very close to, through no fault of their own.
The Government has produced a Charter for Grandchildren which highlights the very valuable role played by grandparents in the lives of their grandchildren however this does not grant grandparents any automatic contact rights.
Do I have a legal right to see my grandchild?
Grandparents do not have an automatic right to contact with their grandchildren. However, in some circumstances, the courts recognise that the childs grandparents play an important part in their lives and that they may have a role in maintaining contact with the childs wider family, helping them to live happier lives.
In most cases, consistent and regular contact with grandparents is greatly beneficial to the child’s life. In these circumstances, children should always have the opportunity to see their grandparents.
Can I get a court order to see my grandchild?
In Scots law, it is possible for a grandparent to make an application to the court to have contact with their grandchildren.
The courts will apply the same test as for a natural parent seeking child contact – court makes the child’s welfare the paramount concern in their consideration of the order. The court will not make the order unless it considers it would be better for the child.
Should I get a court order to see my grandchild?
Court should be a last resort in the event that you are being denied contact. However, it is important that you do not let too much time pass without seeing your grandchildren. The more time that passes without contact, the easier the argument for the parent denying contact will be for the fact that they may have forgotten you and reintroducing you to their lives may be disruptive, unsettling, confusing or some other similar argument in this vain.
Before raising a court action for contact, it is important that you discuss with a solicitor the cost of such an action. It may be the case that the threat of court action is enough to convince the parent denying you the right to see your grandchild to allow you some form of contact and negotiation can be made from there as to some form of agreement.
If at all possible, try to maintain good relations with the parent and highlight that you could be a very good asset to the parent as well as your grandchild. A recent survey by Growing Up in Scotland survey for the Scottish Government outlined that 69% of families rely on grandparents for childcare. This could save the parent a great deal on child care and allow you the contact with your grandchild that you long for, enriching your life and theirs.
Family Breakdown Lawyers in Glasgow, Scotland
At McCarthy Law, we know just how complex family life can be. Therefore whether you are looking for advice on child law, parental rights and responsibilities, marriage, divorce or another family law matter altogether, we can help. Contact us today by calling 0141 337 6678 or by filling out our enquiry form.