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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11553
Experience:  30 years as a practising solicitor.
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My daughter and her boyfriend are not letting me see my 10

Customer Question

My daughter and her boyfriend are not letting me see my 10 month old grandson.Her dad and I took care of her two other boys from her marriage since they were 3mnths old,they went home when she and her husband finished work at night,the boys are now 4 and 7.My daughter and boyfried went away abroad on holiday for a week leaving the two older boys with us and their dad and the baby with his family,boys were asking where she was,we couldn't tell them as we didn't know,i text her three times but no answer,when she got back I told her that her responsabilities was with her sons and what would have happened if one of the boys had taken ill or had an accident,now she wont speak to us and wont let us see our wee grandson is there anything we can do about this so we can see him.We still see the older boys as their dad brings them to us.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Unless you apply to the court for an order for parental responsibilities in respect of the baby, there is no law that says that a parent has to give a grandparent contact to a child.

You will only get the order if the court is satisfied that the parent is unable or unwilling to look after the child.

The only way you may be able to deal with this is to make up with your daughter as the Scots law at present doesn't give grandparents rights of contact. The Scottish government are supposed to be looking at this with a view to a change in the law but so far this hasn't happened.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

does it make any difference that the babys dad was jailed for 5yrs ffor bringing drugs into the country,he served 3yrsof the sentence and is doing 2yrs probation which could nearly be up

Expert:  JGM replied 3 years ago.
That would be relevant if you are considering applying to the court for an order for parental responsibilities with a view to asking the court that the baby come to live with you.

But as I say a contact order is not competent under any circumstances.