Grandparents have no Automatic Parental Responsibilities and Rights at all, and this comes as a surprise to some, however they can ask the court for an order for parental responsibilities and rights.
Grandparents play an absolutely vital role in the upbringing of many children in this country and this phenomenon is increasing due to various factors such as matrimonial breakdown, the necessity for both parents to be working full time, and also the steadily improving health of older people.
Nevertheless grandparents have no automatic parental responsibilities and rights at all and this comes as a surprise to some. In cases where a grandparent wishes to have contact or even the residence of a grandchild – and there are cases where that would be in the child’s best interests — then the grandparent can ask the court for an order for parental responsibilities and rights. Despite their name, these responsibilities and rights are not just for parents.
The criterion which the court will apply is the best interests of the child and this is a very difficult judgement call to make. Nevertheless it can sometimes be very positively in the interests of the children to have a good relationship with the grandparents even against the wishes, sadly, of either one of the child’s parents. We are able to advise on these difficult matters for either parent or grandparent and can help to guide you through the legal and other complexities which can arise in these increasingly common cases.
bto Family Law experts are dedicated family lawyers specialising in helping you with divorce, separation and any aspect of family law, in Edinburgh and Glasgow, Scotland.