Grandparents’ rights: what does the law say?

Visiting rights of grandparents: instructions for use

Conflictual situations, tragedies, separations, death of one of the parents … Many situations can disrupt relationships between children and their grandparents. Once seized, the judge can order a right of visit and / or contact framed by law. Provided that the relationship does not harm the interests of the child: his safety, his well-being, his hygiene, or that the grandparents are not unable to take care of him. It could be a few days a month, a year, over the day, or over a weekend or vacation. It all depends on the situation and the level of dialogue with the child’s parents. Meetings can take place at the homes of parents, grandparents, or in a high-profile place in the presence of a psychologist. Before proceeding to the tribunal, however, it is advisable to attempt to resolve a conflict with the family mediation.

What is family mediation?

“It is a process of calming family relationships through dialogue resumption in the presence of a mediator, a neutral and impartial third party, ”explains professional mediator Sabrina de Dinechin *. Recommended by the judge at the end of the legal procedure, or even before starting the legal procedures, family mediation is essential. “First of all, we are interviewing the two parties separately to assess the situation and collect their respective testimonies. Then the parties meet in sessions of around 2 hours. All subjects are discussed. The aim being to re-establish a constructive dialogue serving the interests of the child », Adds the expert.

Family mediation, to overcome conflicts

All cases exist in the case of family conflicts ! “Some parents find grandparents toxic to their child, and want to avoid contact. In the case of blended families, it happens that one of the parents no longer wishes to maintain relations with his ex-in-laws, and the child is then penalized ”, explains Sabrina de Dinechin. Family mediation sessions make it possible to find compromises to set up visits, phone calls, determine the number of days, take charge of the train ticket … “When it does not have a negative impact on the well-being of the child, the relationship with grandparents is important to maintain. The bond participates in the identity, culture and personality of the young person. It is important to promote this transmission and to overcome conflicts, when possible, ”concludes Sabrina de Dinechin. 

* Sabrina de Dinechin is a family mediator, holder of a professional diploma recognized by the State, in Paris and Haute-Saône. Author of “Family mediation”, ed. Eyrolles. www.mediatrice-familiale.fr

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