Grandparents’ Rights & Contact with Grandchildren
Our service combines a wealth of experience with a modern approach.
Grandparents' Rights & Contact with Grandchildren Solicitors in Glasgow, Paisley & Bearsden
Protecting important family relationships through clear legal advice and practical solutions
Grandparents often play a vital role in a child's life, providing care, support, stability and family connection. Following separation, divorce or family disagreements, some grandparents find themselves suddenly excluded from a grandchild's life.
If you have been prevented from seeing your grandchild, obtaining legal advice at an early stage can help you understand your options and protect an important family relationship.
At Wright & Crawford, our experienced family law team advises grandparents throughout Glasgow, Paisley, Bearsden and across Scotland on contact arrangements, family disputes and court applications relating to grandchildren.
To speak with a member of our family law team, call 0141 942 3764 for our Bearsden office, 0141 887 6211 for our Paisley office or use our online contact form.
Do Grandparents Have Legal Rights in Scotland?
Many grandparents are surprised to learn that Scottish law does not provide automatic legal rights for grandparents to have contact with their grandchildren.
However, this does not mean grandparents are without protection.
Scottish courts recognise that grandparents can play an important role in a child's upbringing and development. Where contact has broken down, grandparents may be able to apply to the court for an order allowing ongoing contact with a grandchild.
The court's primary consideration will always be the welfare of the child.
Why Choose Wright & Crawford?
Family disputes involving children can be emotionally challenging for everyone involved.
Our Family Law Department is headed by Denise Hooper, an accredited family law specialist and mediator.
Denise advises clients on:
- Grandparent contact disputes
- Child contact arrangements
- Separation and divorce
- Parental responsibilities and rights
- Residence and contact orders
- Family mediation
- Complex family disputes
Denise is an accredited family law specialist and mediator and a member of:
- Family Law Association
- Scottish Collaboration Group
- Consensus Scotland
- FLAGS
- Family Mediation CALM
Her approach focuses on practical solutions, reducing conflict wherever possible and keeping the child's welfare at the centre of every case.
When Do Grandparent Contact Disputes Arise?
Disputes commonly arise following:
- Parental separation or divorce
- Family disagreements
- Bereavement
- New relationships
- Relocation of a parent
- Child welfare concerns
- Long-standing family conflict
In some situations, grandparents who previously had regular involvement in a child's life may suddenly lose contact altogether.
Early legal advice can help identify the most appropriate way forward.
Why Grandparent Relationships Matter
Grandparents often provide:
- Emotional support
- Stability during family change
- Practical childcare
- Family history and cultural connections
- Educational support
- A wider family network
Courts recognise that maintaining positive family relationships can often benefit a child's welfare and development.
Each case is considered individually, taking account of the child's circumstances and needs.
A Step-by-Step Guide to Grandparent Contact Disputes
Many grandparents are unsure what options are available when contact breaks down. The following guide explains the typical process.
Obtain Legal Advice
Understanding your legal position is important before taking action.
We can advise on:
- The strength of your position
- Available legal options
- Court procedures
- Alternative dispute resolution methods
- Likely outcomes
Every family situation is different, and obtaining tailored advice can help avoid unnecessary conflict.
Attempt Informal Resolution
Where appropriate, it may be possible to resolve matters through discussion with the child's parents.
Many disputes can be addressed through:
- Direct communication
- Solicitor correspondence
- Family discussions
- Negotiated agreements
Maintaining a constructive approach can often achieve better long-term outcomes for both the child and wider family.
Consider Family Mediation
Family mediation can provide a structured environment for discussing concerns and exploring practical solutions.
Mediation may help where:
- Communication has broken down
- Relationships are strained
- Both parties wish to avoid court proceedings
- Future family relationships need to be preserved
As a Law Society of Scotland accredited family mediator, Denise Hooper can assist families in seeking workable resolutions wherever appropriate.
Consider a Court Application
Where agreement cannot be reached, grandparents may be able to apply to the Sheriff Court for an order regulating contact.
The court will carefully consider:
- The child's welfare
- The existing relationship between grandparent and child
- The child's views where appropriate
- The likely benefit of ongoing contact
- Any welfare concerns raised by either parent
The court's focus is not on the wishes of adults but on what arrangement best serves the child's interests.
Implement Long-Term Arrangements
Once arrangements are agreed or ordered by the court, the focus shifts to providing consistency and stability for the child.
Clear arrangements can help reduce future disputes and provide certainty for everyone involved.
Protecting important family relationships
How Scottish Courts Approach Grandparent Contact Cases
When considering an application involving grandparents, the court will focus on the child's welfare above all else.
The court may consider:
- The strength of the existing relationship
- How frequently contact previously occurred
- The child's age and maturity
- The child's views
- Family dynamics
- Educational and social needs
- Any concerns regarding safety or welfare
The court will only make an order where it considers doing so would benefit the child.
Can a Grandparent Apply for a Court Order?
Yes.
Although grandparents do not have automatic contact rights, they can apply to the court seeking an order allowing contact with a grandchild.
Depending on the circumstances, the court may regulate:
- Direct contact
- Indirect contact
- Telephone calls
- Video calls
- Holiday contact
- Special occasions
- Other arrangements that promote the child's welfare
We can advise on the most appropriate approach based on your family's circumstances.
What If a Parent Refuses Contact?
A parent may refuse contact for various reasons.
Sometimes this arises due to:
- Family disagreements
- Communication breakdowns
- Concerns about past events
- Disputes linked to separation or divorce
Before taking legal action, it is often helpful to understand the reasons for the refusal and explore whether the issue can be resolved through discussion or mediation.
Where contact continues to be denied, legal advice should be obtained as soon as possible.
Do Grandchildren Have a Say?
In Scotland, children should have the opportunity to express their views where practical, taking account of their age and maturity.
This does not mean a child is asked to choose between family members.
Instead, the court seeks to understand the child's views as one factor among many when considering their welfare.
The process should be handled carefully and sensitively to avoid placing pressure on the child.
Practical Advice for Grandparents
If contact with a grandchild has broken down, it is generally advisable to:
- Remain calm and constructive
- Avoid involving the child in disputes
- Keep communication respectful
- Maintain records of previous involvement where relevant
- Consider mediation before court action
- Seek legal advice before taking significant steps
A measured approach often improves the chances of achieving a positive outcome.
Alternatives to Court Proceedings
Court proceedings are not always necessary. Many disputes can be resolved through:
Family Mediation
A neutral mediator helps parties discuss concerns and reach agreement.
Solicitor Negotiation
Formal correspondence between solicitors can often resolve disputes without litigation.
Collaborative Family Law
A structured process that encourages cooperation and negotiated solutions.
Agreed Family Arrangements
Informal arrangements can often work well where communication remains constructive.
Frequently Asked Questions
Do grandparents have legal rights to see their grandchildren in Scotland?
Grandparents do not have automatic legal rights, but they may be able to apply to the court for an order allowing contact where this would benefit the child.
Can grandparents apply for contact through the court?
Yes. Scottish courts can make orders regulating contact between grandparents and grandchildren where appropriate.
Will the court consider the child's views?
Yes. The court will consider the child's views where practical, taking account of their age and maturity.
Do I need to go to court?
Not always. Many disputes can be resolved through mediation, negotiation or family agreement.
What does the court consider when deciding contact?
The court's primary consideration is the welfare of the child. It will consider the existing relationship, family circumstances and the likely benefit of ongoing contact.
Contact Our Grandparents' Rights Solicitors in Glasgow, Paisley & Bearsden
Losing contact with a grandchild can be deeply upsetting. Obtaining early legal advice can help you understand your options and take positive steps to preserve an important family relationship.
At Wright & Crawford, we provide practical and sensitive advice to grandparents across Scotland who are seeking contact with their grandchildren.
Call 0141 942 3764 for our Bearsden office, 0141 887 6211 for our Paisley office or use our online contact form to arrange a confidential discussion with one of our family law solicitors.
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