SNP’s Nicola Sturgeon is set to announce that, under a review of the family law, grandparents could be given an automatic right to see their grandchildren. This aims to help grandparents who are considered hidden victims of a family break up.
According to a recent Scottish parliament briefing for MSPs, paternal grandparents find it difficult to maintain contact with their grandchildren after parents separate or divorce acrimoniously. This is especially true if the children continue to live with their mother.
This can have a drastic effect on the hidden victims, especially if they played a role in bringing up the children while the parents work full time. Unfortunately, grandparents don’t have any entitlement to see their grandchildren after the parents’ divorce under the Scottish law.
For grandparents to see their grandchildren, they must first make an application to the court for contact order. If they believe their grandchildren should live with them, they must also apply for a residence order.
Whether or not contact order or residence order is granted by the court depends on several factors. The application is treated in the same manner as a parent applying for visitation rights. The court will focus on the welfare of the child and their best interest. If it sees that it is better for the child, the court will make that order. The court will also take into account the views of a mature child.
Applying for an order should be considered a last resort. But because it will be harder for arrangements to be set in place, the longer grandparents wait to take action, they must apply for an order the soonest time possible. Using mediation to make arrangements on a co-operative basis is recommended as a starting point.
With around 40% of grandparents losing contact with grandchildren during a divorce, granting them automatic rights could prove beneficial for them and the children.
