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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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do grandparents have any legal rights in scotland

Resolved Question:

do grandparents have any legal rights in scotland
Submitted: 6 years ago.
Category: Scots Law
Expert:  JGM replied 6 years ago.
Thank you for your question.

Grandparents have no automatic legal rights in Scotland either for residence or contact to grandchildren. However, they can apply to the court for parental rights in a situation where they are of the view that the parents are unable or incapable or unwilling to look after their children. In that situation a court will entertain an application by the grandparents and make an order in the best interests of the children. In all other cases, if the parents oppose the application, it is unlikely that the court would make a contact order, unless the children indicate are old enough to indicate to the court that they want the order made and the grandparents prove that they have had a close and meaningful relationship with the children which should continue in the best interests of the children.

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