Can a Grandparent Get a Court Order for Contact in Scotland?

Can a Grandparent Get a Court Order for Contact in Scotland?

Yes. A grandparent can apply to the court for an order for contact with their grandchild.

This is an important point because grandparents sometimes believe that, because they do not have parental rights and responsibilities, they have no legal route to maintaining a relationship with their grandchildren.

That is not the position.

Under section 11 of the Children (Scotland) Act 1995, a person who does not have, and has never had, parental responsibilities and rights but who claims an interest in the child can apply to the court for an order regulating contact.

That can include a grandparent.

But there is no automatic right to contact

Being a grandparent does not, in itself, give someone an automatic legal right to see their grandchildren.

If contact has broken down, the question for the court is not simply:

“Is this person the child's grandparent?”

The court's overriding consideration is the welfare of the child.

The court must also give the child an opportunity to express their views and take those views into account, having regard to the child's age and maturity.

There is also an important additional test: the court will not make an order unless it considers that making the order would be better for the child than making no order at all.

So can a grandparent actually apply?

Yes.

A grandparent does not need to wait for a parent to apply for a contact order on their behalf.

Where agreement cannot be reached, the grandparent can make their own application under section 11 seeking an order for contact.

The order could provide for regular weekend contact, daytime visits, overnight stays, holiday contact, birthdays and other special occasions, telephone or video contact, or a gradual reintroduction of contact where there has been a lengthy break.

The precise arrangements will depend upon the circumstances of the particular child and family.

What will the court look at?

The court will consider the circumstances of the individual child.

Evidence that may be relevant can include the nature and strength of the relationship between the grandparent and child, the history of contact, the role the grandparent has played in the child's life and what arrangements are realistically capable of working.

The court will also consider any concerns about the child's welfare, including issues of abuse or other circumstances which may affect whether contact is appropriate.

A grandparent's application is therefore not simply about what the grandparent wants.

The central question is what is in the child's welfare interests.

What if the parents say “no”?

A parent's opposition does not automatically prevent a grandparent from applying.

If the dispute cannot be resolved, the court can determine whether contact should take place and, if so, what the arrangements should be.

The existence of disagreement between adults is therefore not necessarily the end of the matter.

Equally, a grandparent should not assume that an application will automatically result in contact simply because the relationship is biologically important. The statutory welfare test remains central.

Does the grandparent need to have had contact before?

There is no simple rule that a grandparent must have had contact for a particular period before they can apply.

The important starting point is that they are someone who claims an interest in the child and are seeking an order under section 11.

What matters ultimately is the child's welfare and the circumstances of the particular case.

Sometimes an agreement is still the best outcome

Court proceedings are not always necessary.

In some cases, a solicitor can help grandparents and parents reach a practical agreement about contact. Mediation may also be appropriate.

But where contact has completely broken down and agreement is not possible, section 11 provides a legal route for a grandparent to ask the sheriff court to make a contact order.

Grandparents should not assume they have no legal options

Losing contact with a grandchild can be incredibly upsetting.

If you are a grandparent in Scotland and contact with your grandchild has stopped, been restricted or become impossible to arrange, it is worth taking legal advice about your circumstances before assuming that there is nothing you can do.

Our experienced family lawyers at Livingstone Brown offer expert guidance on grandparents’ rights and contact arrangements, helping you understand your legal options and the best way forward for your family.

Whether you are hoping to reach an agreement or need to consider an application to the court, we can help you navigate the process with clear, practical advice and experienced representation.