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What place for grandparents?
According to a reform of March 5, 2007, article 371-4 of the Civil Code specifies that “The child has the right to maintain personal relations with his ascendants”. Thus and reciprocally, the ascending grandparents have the right to maintain personal relations with their grandchildren. So exit parent / grandparent conflicts!
What rights?
– Thanks to visiting rights, the grandparents can receive the child during the day.
– Wider, the accommodation fee allows them to invite their grandchild to sleep.
– Letters, emails, phone calls… The right of correspondence allows any means of exchange to keep in touch.
– Finally, they enjoy the right to participate in the education of the child. On condition, however, not to replace the parents!
In video: Do my in-laws have the right to travel with our children?
When they live abroad…? If grandfather and grandmother live abroad, they can only exercise their visitation and accommodation rights by welcoming the child into their home, if it does not harm Baby. Whatever the case, parents retain the right to oppose any exit from their child’s territory. |
Whether the parents are married, separated or divorced, and whether the child is natural or adopted, the rights of grandparents remain the same.
When grandparents take over
In the event of divorce, if the child cannot stay at the home of one of his parents, or worse, if the latter are deprived of parental authority, the grandparents can be entrusted with custody of the Baby. Role reversal: it is then the parents who enjoy visiting rights.
In video: My ex-daughter-in-law refuses that we see our grandchildren, what to do?
In case of conflict
The overriding interest of the child
“Only the interests of the child can stand in the way” the right of the child, to see his grandparents, specifies the law.
Inability of the grandparents to take care of the grandchildren, refusal of the children to see them, bad relations between the parents and the grandparents, to such an extent that it risks to upset Pitchoun… These are the situations in which the judge family affairs (JAF) may prohibit the maintenance of grandchild / grandparent relations.
This, only in the interests of the child. The only disagreement between the grandparents, their son, daughter, son-in-law or daughter-in-law, is therefore not enough to prevent the child from seeing his grandparents!
What remedies for grandparents?
If any discussion is blocked, before considering legal action, favor an amicable settlement by appealing to a family mediator. It’s always less traumatic than going before the judge. And who knows, you may be able to patch things up …
Failing this, the family affairs judge must be referred to the tribunal de grande instance (TGI) of the children’s home. It is he who will rule, with the possible help of a preliminary social inquiry and at best, according to the will of the children, when they are old enough to express themselves. If a right of visit and accommodation is granted, it is the JAF which fixes the modalities.
Transmission of “trans-generational” heritage
Owners of a main residence, or even a secondary residence for the lucky ones: parents are generally settled in life. Grandparents may therefore prefer to give a helping hand to their grandchildren – in particular to enable them to pursue long studies or to build up real estate – rather than their children.
Since January 1, 2007, it is possible. Grandparents can make a “trans-generational” donation-sharing during their lifetime, ie directly to their grandchildren. On condition, however, that the parents give their consent. The refusal, however, does not have to be justified.
Until then, the practice was prohibited, unless the parents (children of the donor therefore) had died.
There is only one limit, however: the donation-sharing cannot be done, only for the benefit of the grandchildren. A direct heir must necessarily be one of the beneficiaries, even less.
Financial benefits
As required by the principle of the gift-sharing, the beneficiaries pay the inheritance tax when the deed is registered with the notary. And not at the time of the death of the grandparents, as is the case for a simple donation. This avoids paying a higher sum, especially when it comes to real estate or financial property that increases in value over time.
Another advantage: there is only one tax. No more double taxation, previously necessary to reach the grandchildren!