Chamber and committees

The Scottish Government recognises the important role that grandparents and family members other than parents may have in many families bringing up children, particularly following parental separation.

When the Children (Scotland) Bill (now the Children (Scotland) Act 2020 (the 2020 Act)) was introduced, the Scottish Government considered whether or not to include a presumption or right for grandchildren to have contact with their grandparents.

However, no such provision was included. A presumption in favour of a particular group of adults could cut across the driving principle of the legislation that the welfare of the child must be the paramount consideration in any contact case.

We have no plans to change the law in this area at the present time. It remains possible for any person with an interest in a child (including a grandparent, aunts and uncles, cousins, etc.) to apply to the court to seek an order under section 11 of the Children (Scotland) Act 1995 (the 1995 Act), which is the key provision in relation to contact, residence and Parental Responsibilities and Rights.

Section 16 of the 2020 Act sets out additional factors that the court must consider when deciding whether or not to make an order under section 11 of the 1995 Act. It provides that the court must consider the effect the order might have on the child’s important relationships with other people. This could include the child’s grandparents and wider family members. Section 16 is not yet in force but the Scottish Government intends to consider it as one of the provisions of the 2020 Act that could be commenced over the next year.

The Scottish Government has produced the Charter for Grandchildren as part of the Your Parenting Plan. The Charter sets out that grandchildren can expect to maintain contact with their wider family except in very exceptional circumstances.