Grandparents’ Rights in Scotland

Grandparents’ Rights in Scotland | Contact With Grandchildren

Being cut off from a grandchild is painful, and many grandparents are surprised to learn how the law treats their position. This guide explains what rights grandparents actually have in Scotland, how to apply for contact, and what the courts consider. Our accredited family law team advises grandparents across Scotland with practical, sympathetic support.

Do Grandparents Have Rights in Scotland?

This is the question almost every grandparent asks, and the honest answer is that grandparents do not have an automatic right to see their grandchildren under Scots law. Parental responsibilities and rights belong, in the first instance, to parents. That does not mean you are powerless. Under section 11 of the Children (Scotland) Act 1995, any person with an interest in a child, which includes a grandparent, can apply to the court for a contact order. The lack of an automatic right simply means you may need to ask the court rather than assume contact will continue.

Applying for a Contact Order

If contact has stopped or is being refused, you can apply to the sheriff court for a contact order. In practice, the steps are:

• Try to agree first. Courts expect contact to be resolved by agreement where possible, and a calm approach, or mediation, is often more effective and less damaging than litigation.
• Take legal advice. A solicitor can assess the realistic prospects and help you put your case in the way the court responds to.
• Apply for a contact order. You apply under section 11, setting out why contact with you is in the child’s interests.
• The court decides. The court considers the application against the welfare of the child, which is always the paramount consideration.

What the Court Considers

The court does not start from the grandparent’s wishes; it starts from the child. The factors it weighs include:

• The welfare of the child, as the paramount consideration
• The existing relationship between the grandparent and the child, and its value to the child
• The child’s own views, considered in light of their age and maturity
• Whether making an order is better for the child than making no order at all
• Any conflict between the adults, and its effect on the child

A long, warm and established relationship with a grandchild is one of the strongest factors in a grandparent’s favour, because the court can see the contact genuinely benefits the child.

The Charter for Grandchildren

Scotland has a Charter for Grandchildren, published by the Scottish Government, which recognises the important role grandparents play in children’s lives. It is worth understanding what it is and is not: the Charter is a statement of principle and good practice, not a law. It does not give grandparents enforceable rights, but it reflects an acceptance that maintaining relationships with grandparents is usually good for children, which is consistent with how the courts tend to approach these cases.

Improving Your Chances

Whether or not matters reach court, some things genuinely help:

• Keep your approach child-focused and avoid being drawn into the parents’ disputes
• Try agreement or mediation before litigation, and be seen to have done so
• Be realistic and flexible about the amount and type of contact
• Keep a calm record of the relationship and of attempts to maintain contact

How We Help

We advise you honestly on your prospects, help you attempt agreement or mediation first where that is sensible, and, where necessary, prepare and present your application for a contact order. We keep the focus on the child’s interests, because that is what the court responds to. We also advise on related child contact matters where the wider family situation requires it.

Our Fees

Every situation is different, so we do not charge a fixed fee. Many grandparent contact issues resolve through advice and negotiation without a contested court action, which keeps costs down. We offer a free initial consultation, bill on our usual time-based basis with three-minute units so you pay only for the time your matter takes, and will give you a clear estimate at the outset. Read more about how our fees work.

Common Questions About Grandparents’ Rights

• Do grandparents have an automatic right to see their grandchildren in Scotland? No. There is no automatic right, but a grandparent can apply to the court for a contact order under the Children (Scotland) Act 1995.

• Can a parent stop me seeing my grandchild? A parent can refuse contact, but if you believe contact is in the child’s interests you can ask the court to decide. The court is not bound by the parent’s wishes.

• What will the court look at? The child’s welfare above all, the value of your relationship to the child, the child’s own views, and whether an order is better for the child than no order.

• Do I have to go to court? Not necessarily. Many cases are resolved by agreement or mediation, which is usually quicker, cheaper and better for the child. Court is the route when agreement cannot be reached.

Speak to Our Family Law Team

If you are being kept from a grandchild, talk to us about your options. Call 0800 779 7848 for a free initial consultation, or send us a message and we will call you back.

Please note: Rooney Family Law does not offer Legal Aid. If you may qualify for Legal Aid, visit the Scottish Legal Aid Board website to check eligibility.