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Under the existing law in Scotland  grandparents have no legal rights where their grandchildren are concerned. This means that they are left to either negotiate contact (access) to their grandchildren with the person who has care of them or if they cannot reach an agreement they would require to ask the Court for an order to allow them to see their grandchildren. They would have to establish that it is in the best interest of the grandchild to have contact with the grandparent and that it would be better for the court to make an order to allow this. The same applies if the grandparent is seeking an order that the grandchildren reside (live) with the grandparent.

This is a complex and difficult area of law and in some cases, the grandchildren may already have been the subject of a children’s hearing before a Children’s Panel. If that is the case, the law is even more complex. 

Masters Legal Services have extensive experience of dealing with grandparents rights in all of these situations and routinely provide assistance to grandparents. 

You may be assured of a confidential, sympathetic and professional service.