The role of grandparents within the family unit is well recognised. A child's relationship with their grandparents is often a meaningful and special relationship, with many of us having fond childhood memories of time spent with our grandparents.
Increasingly, and against a backdrop of costly childcare provision, parents may also rely on the support of grandparents to look after children whilst they are at work. The result being that, from a young age, grandparents can be a constant presence in the lives of their grandchildren and an invaluable source of family support for their parents.
Can parents stop grandparents seeing their grandchildren?
Grandparents can often find themselves left in a difficult and upsetting situation if there is conflict between them and the children's parents. This conflict can be between the grandparents and one or both of the children's parents. Following separation, it can be common for grandparents on one side of the family to feel sidelined and faced with a reduction in time with their grandchildren.
The loss of contact can be distressing for both grandparents and their grandchildren. During the separation of their parents, children inevitably experience a change in their living arrangements. At this time, grandparents can be integral at minimising the impact of this on the children.
What solutions can the law provide to grandparents?
Whatever the reason for the change in contact, it can be surprising for grandparents to learn that the law in Scotland does not provide them with any automatic right to contact with their grandchildren. The only people that have such a right to contact are a child's parents.
However, it is possible for a grandparent to raise court proceedings to ask the court to grant an order for them to have contact with their grandchildren.
They are able to do this by showing that they claim an interest in the welfare of the child. In deciding to make a contact order in favour of a grandparent, the court must only make an order if they consider it in the child's best interests to do so.
If the children are of an age where they can express a view on contact arrangements, the law provides that the court must give them an opportunity to share any views they have and to consider those views in any decisions made relating to grandparent contact.
Grandparents should bear in mind that the court process can have the effect of deteriorating fractured relationships further. Court actions can also be very stressful and expensive for all involved.
Choosing the court process to resolve issues in grandparent contact should always be considered as a last resort. There are other avenues that may be more suitable.
What are your alternatives to court?
In our experience, in the first instance, the best way to re-establish and maintain a close relationship between grandparent and grandchild is to try and mend the conflict that has arisen between grandparents and the parent or parents.
If a grandparent feels comfortable doing so, they can attempt this directly with parents. Typically, this is the quickest and calmest way to resolve any issues.
If this is unsuccessful, or grandparents feel it's simply not possible to broach these issues themselves, then it can be useful for grandparents to speak with a family lawyer for further advice.
It can be beneficial to seek advice from a family lawyer at an early stage. They will be able to give you specialist advice on the best way forward in your own unique set of circumstances.
How can we help?
Instructing a family lawyer doesn't necessarily mean that grandparents need to raise a court action. A family lawyer may often suggest the mediation process between parents and grandparents.
Mediation involves using a trained and impartial mediator to attempt to work through any difficulties that have arisen with contact. Both the parents and grandparents need to be willing to mediate for this process to be a success.
Alternatively, a family lawyer can assist by negotiating directly with the parents of the child on behalf of the grandparents. This is usually done by writing a letter or sending an email to the parents.
Family lawyers recognise that, if at all possible, issues relating to grandparent contact should be resolved away from the courtroom.
Ultimately, if all other attempts to negotiate with a child's parents fail, or they do not want to engage at all, then grandparents may find that raising a court action is their only option to secure contact. If an order is made in their favour, the grandparents will have assurances that contact will take place, as the parents must adhere to the court order.
At Brodies, our family lawyers are well experienced in working to resolve your case tailored to your needs. Should you need advice in securing contact with your grandchildren, please get in touch.
Contributor
Senior Solicitor
