Written Question · S4W-24559 · Session 4
What statutory rights grandparents have to contact with their grandchildren when the parents or guardians deny contact and whether it plans…
The question
To ask the Scottish Government what statutory rights grandparents have to contact with their grandchildren when the parents or guardians deny contact and whether it plans to review these rights.
The answer
The Scottish Government values the role played by grandparents in helping to bring up children. This is reflected in Family Matters: Charter for Grandchildren: http://www.gov.scot/Publications/2006/04/21143655/0.
When there is disagreement on matters such as contact, the Children (Scotland) Act 1995 provides that the welfare of the child is the paramount consideration. A grandparent does not have a statutory right to contact with a grandchild as there is no guarantee that this would be in line with the principle that the welfare of the child is paramount. Under the 1995 Act, a person with an interest in a child, including a grandparent, may ask the court to make an order such as a ‘contact order’, setting out with whom a child should have contact, and when.
The Scottish Government has no plans to review the rights of grandparents to contact with their grandchildren.
When there is disagreement on matters such as contact, the Children (Scotland) Act 1995 provides that the welfare of the child is the paramount consideration. A grandparent does not have a statutory right to contact with a grandchild as there is no guarantee that this would be in line with the principle that the welfare of the child is paramount. Under the 1995 Act, a person with an interest in a child, including a grandparent, may ask the court to make an order such as a ‘contact order’, setting out with whom a child should have contact, and when.
The Scottish Government has no plans to review the rights of grandparents to contact with their grandchildren.
In the Official Report
No contribution in the Official Report cites S4W-24559 by reference.