What rights to see their grandchildren do grandparents have in Scotland after divorce?

Many grandparents play an important role in their grandchildren’s lives, but what happens if family relationships break down? A common question in family law is whether grandparents have automatic rights to see their grandchildren.

In Scotland, grandparents do not have automatic legal rights. In most families, grandparents continue to be involved in these children’s lives without needing legal intervention. However, where relationships break down, there are legal options available.

Can grandparents apply for legal rights?

Yes.

Grandparents can ask the court for rights to see or care for their grandchildren. You can apply for a court order under section 11 of the Children (Scotland) Act 1995. Grandparents can ask for —

• Parental rights and responsibilities (PRRs) – in cases where they need legal authority to care for a child.
• A residence order – if they want the child to live with them.
• A contact order – to ensure they have regular visits with their grandchild.

For the court to grant these rights, it must be convinced that —

• The grandparent has a meaningful relationship with the child
• The relationship benefits the child’s wellbeing
• The application is in the child’s best interests
• There is no risk to the child’s safety or welfare
• Making an order is better than making no order at all

The welfare of the child is always the top priority. Courts will also take into account the child's views, particularly for those aged 5-years-old to 16, with older children’s opinions carrying more weight.

Do grandparents' rights have more protection now?

In 2020, the Scottish Government considered introducing a law to automatically give grandparents contact rights.

However, instead of making a specific law for grandparents, new rules were introduced in the Children (Scotland) Act 2020. These changes mean courts must now consider a child’s relationship with important people in their life, including grandparents, when making decisions.

While this does not guarantee automatic rights, it does highlight the importance of these relationships in legal cases. That said, we have not yet been a noticeable increase in grandparents seeking legal advice due to these changes.

Common challenges for grandparents

Grandparents may seek legal intervention in cases where a parent is incapable of caring for the child, has passed away, or if they have been denied contact by one or both parents.

Some of the common challenges you may face in this situation include —

• If seeking residence, concerns may be raised about their age and ability to care for the child long-term.
• If seeking contact, a gap in seeing the child may make it harder to re-establish a relationship. However, courts often recognise that maintaining this bond is in the child’s best interests.
• The court will consider whether contact would be beneficial to the child and whether it fits into their existing routine.

Resolving family disputes

If you are struggling to maintain contact with your grandchildren, the best approach is to try to resolve matters through discussion.

If direct discussions are difficult, mediation can help. Mediation allows families to talk openly with the help of a neutral third party. It can improve communication, reduce misunderstandings, and help find solutions that work for everyone. However, success in mediation depends on the personalities and willingness of all involved.

To prevent disputes from arising in the first place, it’s a great idea to build a positive and respectful relationship with your grandchildren as well as both of their parents. Spending quality time together can strengthen family bonds and provide valuable support to parents. This can be a way to contribute to the child's overall wellbeing and offer parents occasional respite, while ensuring you respect family dynamics and boundaries.

Seek legal advice

If you are a grandparent looking for advice on your rights, our experienced family law team at Ledingham Chalmers can help. Contact us today to discuss your options and find the best way forward for you and your family.