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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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Do Grandparents in Scotland have legal rights to see their

Resolved Question:

do Grandparents in Scotland have legal rights to see their Grandchildren. After being verbally abused by our daughter in law who was backed up by our son we asked them to leave our home and not to return. We have never seen our two Grandsons since December and would like to know where we stand. Thank you
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Unfortunately, grandparents do not, as yet, have automatic rights to see their grandchildren. At present, grandparents wishing to see their children must make an application to the court for a contact order.In certain situations, the court will grant such an order – particularly where the grandparent plays an important role in the child’s life or where the grandparent plays an important role in linking the child with their wider family. In most cases, children will benefit from having contact with their grandparents and their wider family. In Scotland, a grandparent can make an application to the court for contact to their grandchildren. The court will apply the same criteria as they would to an application from a parent – namely, they will focus on the welfare of the child and the child’s best interests. The court will only make an order where it considers that it is better for the child that an order is made than that no order is made. Depending on how old (or how mature) the child is, the court may also take his or her views into account. The court should be your final resort. In saying that, the longer you leave it before taking steps to try to get satisfactory arrangements put in place, the harder it may become to achieve that. It could be helpful to suggest using mediation as a starting point to see if arrangements could be made on a co-operative basis, but do avoid too long going by without seeing your grandchildren.
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Customer: replied 1 year ago.
Thank you very much for your help. I cannot see the children's Mother agreeing to us having the children as she will do all she can to discredit us and poison the children against us. She has always been a very controlling mother, and never really wanted to share them except with her own Mother and Father, so any time we had with them was always precious. She will say it is not really in their best interest for the boys to have any contact with us because of them being on the Autistic Spectrum and will always use that, although myself and my Husband agree that they should have contact outside of school with friends and family. Such a shame but nothing we can do about it I am afraid. Heartache is here to stay, unfortunately. Our son was such a loving young man but changed when he met his wife. She even stopped his daughter by another partner from being part of his family by telling our boy that she didn't want to see her Dad any more, only herself and son but she told her they came as a package and wouldn't see them again. What actually happened is that they never ever came to pick her up any more and she really missed her little brother. She was only 10 at the time and was absolutely heartbroken, which I'm sure our Grandson at age 3 would also have been. One day he had a sister whom he loved so much and then nothing. So very sad for both children. She even told my Sister that my son would have preferred her as a Mother to me. We were such a very close and loving family - our kids were our World and we would do anything for them. That has all changed because of one bad apple! Glad you did your best for us. Very much appreciated xx