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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33517
Experience:  Over twenty-five years experience
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My daughter passed away nearly 2years ago and since then I

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My daughter passed away nearly 2years ago and since then I have had access to my grandson every weekend and sometimes during the week we have taken him on holiday with us and everything was fine now for some reason my daughters partner( they were not married) and his new girlfriend are refusing to let us see him because he is not pottie trained!! but we have had him since he was born so don't understand this what are my legal rights on this please advise thank you.
Under Scots law a grandparent can make an application to the court for contact with their grandchildren. The test to be applied is the same as the test applied to a natural parent seeking contact – the welfare of the child is the court’s paramount consideration and the court shall not make an order unless it considers that it would be better for the child that the order be made than that none should be made at all. Depending on the age and maturity of the child in question, the court may also be interested in hearing his/her views. If matters can not be agreed then you can make an application to the court - from what you have said it appears to be that you would be successful. Happy to discuss. Please remember to rate positively
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