Grand parental rights

[maverick]

I have recently discovered that grandparents have no legal rights with regards to their grandchildren.

I have a grandchild, and even though I have been active in my grandchild's upbringing, now that my son and his partner have parted, I have no right to see or visit or have any contact with my grandchild unless the mother allows it.
It fair took the wind from my sails when I was told this.
I am wondering if anyone else out there has had a similar experience.
I would also appreciate views and opinions from fellow orgers.

[bettedaviseyes]

surely the mother if had any heart would let you see your grand kids its a shame on them and everyone else involved.

[David Banks]

I believe I have rights in Canada as a grandfather, but thankfully have not had to verify it.
Sounds to me like you have something to fight for!

[Stefan]

Yes, you have the right to see your grandchild.

However, if the mother is not in agreement you would have to employ a solicitor to enforce your right, which can mean taking the mother to court.

The court would then decide how often you are allowed to see your grandchild and the mother has to adhere to the court ruling.

It is the same for the father, no difference.

The first step is often mediation and it only goes to court if mediation fails.

It's a shame, but sometimes the only way you get to see your grandchild.

My OH is in the same situation but thankfully the mother has allowed her to see her grandchild once a month. As we are not married I have no legal right to see my grandson.... nothing I can do about it, I will have to see him grow up in pictures my OH brings home :(

[Julia]

You should seek legal advice, if it's in the child's best interests to have contact with you then no court is going to say otherwise.

Your first point of contact should be the Citizens Advice Bureau, they will keep you right.

[wndyndy]

:(feel very sad for you, hope you will find someone help you on this.

[igglepiggle]

:(feel very sad for you, hope you will find someone help you on this.
totally agree with you here, i find it very sad that it is always the children that suffer in any break-up. It is not the childs fault that the break-up has happened. Children should have a say in who they want to see. My children are very close to both sets of granny & grandad's, and great nana & Grandpa's etc and i would never take that relationship away from them. So i hope that once things settle between the break-up that you will get to see your grandchild/ren very soon.

[maverick]

Thank you all for your advice.
I have been in contact with a family law solicitor who basically told me that my best chance of acess to my grandchild is through my son, which is what we are going to try to do, but as the law in scotland stands, there is no provision for grandparents to have any rights what so ever with regards to your grandchildren. I have spoke to my MP and my MSP and they are reluctant to pursue any change in legislation, saying that it would greatly complicate matters giving grandparents right's over their grandchildren where it might come into conflict with parental rights and responsibilities....

[catran]

Yes, you have the right to see your grandchild.

However, if the mother is not in agreement you would have to employ a solicitor to enforce your right, which can mean taking the mother to court.

The court would then decide how often you are allowed to see your grandchild and the mother has to adhere to the court ruling.

It is the same for the father, no difference.

The first step is often mediation and it only goes to court if mediation fails.

It's a shame, but sometimes the only way you get to see your grandchild.

My OH is in the same situation but thankfully the mother has allowed her to see her grandchild once a month. As we are not married I have no legal right to see my grandson.... nothing I can do about it, I will have to see him grow up in pictures my OH brings home :(
A really costly business to take it to court with no guarantee that one would gain access, best to try and get the mum to see sense. Would mediation work if the mum won't let them see child as the way it stands?

[cuddlepop]

Its not the kids fault the marriage broke down and mum @dad divorced but sometimes when the break up is bitter the parents punish the parents of the "wronged" spouse.

I'm not saying its right its just some peoples nature.

Give them time Maverick and they might come round naturally.Keep contact with the kids even by letter or if they're too young photo's.If you push too far you may lose any chance of contact.

I think grandparents have started a pressure group that hopes to change the law as it stands just now.Sorry I've no details just a vague memory.:confused

Maybe Contact a Family could help you.:D

[Stefan]

Seems that Scottish and English law are different then.

:(

[mums angels]

Thank you all for your advice.
I have been in contact with a family law solicitor who basically told me that my best chance of acess to my grandchild is through my son, which is what we are going to try to do, but as the law in scotland stands, there is no provision for grandparents to have any rights what so ever with regards to your grandchildren. I have spoke to my MP and my MSP and they are reluctant to pursue any change in legislation, saying that it would greatly complicate matters giving grandparents right's over their grandchildren where it might come into conflict with parental rights and responsibilities....


Sadly you may not even get right to access through your son my childs granparents tried this and failed and thier son was only given access under the understanding that he wouldnt take them to the grandparents . I had my reasons some were justified some were not but the law goes in favour of the mother .

I do hope you get it sorted but my advice would be for you not to go legal and have things turn nasty , it took me two years to get back to speaking terms after all the legal stuff had passed but thankfully it all worked out for everyone in the end .

[anneoctober]

Seems that Scottish and English law are different then.

:(
totally Stefan. As usual , in some cases our laws are just, but not all are as perfect as we would like .:(