Grandparents' right of access: key decision of the Paris Court

In Parentis-en-Born, as in many families in the Landes region, intergenerational bonds are precious. Yet sometimes all it takes is a divorce or a falling out for grandparents to be deprived of the joy of seeing their grandchildren. This is exactly what happened to a retired couple from Mont-de-Marsan, who had had no news for over two years. The question on many elders' minds: Do I have the right to see my grandchildren despite my children's opposition?

On 25 March 2025, the Paris Judicial Court gave a clear answer: yes, grandparents have the right to maintain personal relationships with their grandchildren, but this right is not absolute. It is subject to an essential condition: the best interests of the child. This decision, although made in the capital, is authoritative and can be relied upon throughout France, including before the Mont-de-Marsan or Bordeaux court.

So, what exactly does the law say? How did the judges reason? And most importantly, practically, what can you do if you are in this situation? Let us delve into this case to draw practical lessons.

The facts: a story like many every day

Mr and Mrs Dubois, grandparents residing in Mont-de-Marsan, had always been very close to their grandchildren, Léa (8) and Thomas (6). But after the divorce of their son and his ex-wife, the latter, who had obtained custody, gradually cut off contact. She believed the grandparents had a negative influence and criticised her upbringing. Despite several attempts – phone calls, letters, birthday presents – relations were completely broken off for 18 months.

Desperate, Mr and Mrs Dubois applied to the family judge of the Paris Judicial Court, as the mother had moved to the Île-de-France region. They requested a right of access one weekend per month and half of the school holidays. The mother opposed, citing the alleged 'loyalty conflict' this would create in the children and the fact that the grandparents did not respect her educational rules.

The judge then ordered a social investigation and heard Léa, aged 8, who expressed her desire to see her grandparents again. The investigation report concluded that the grandparents provided a stable and loving environment, and no evidence showed any harm to the child. Finally, by a judgment of 25 March 2025, the court granted the grandparents a right of access one weekend per month (Saturday 10am to Sunday 6pm) and one week during the Christmas and summer holidays.

The court's reasoning - analysed

The court based its decision on Article 371-4 of the Civil Code (which provides that the child has the right to maintain personal relationships with his or her ascendants, and only the child's best interests may prevent this). The judges recalled that this right is not an absolute right of the grandparents, but a right of the child itself. In other words, the law aims to preserve family ties for the child's well-being, unless those ties are harmful to the child.

In this case, the court examined several factors: the quality of the prior relationship between grandparents and grandchildren (it was good and affectionate), the reasons for the mother's opposition (not supported by specific facts), and the child's wish (Léa clearly expressed her desire to see her grandparents again). The magistrates considered that cutting all ties was disproportionate and contrary to the children's best interests.

This judgment is consistent with settled case law: the Court of Cassation has already ruled on several occasions that grandparents can obtain a right of access, even against the parents' wishes, provided that it serves the child's best interests. Conversely, if the grandparents have engaged in toxic behaviour or if the child expresses strong opposition, the judge may refuse or limit this right. Here, nothing of the sort.

What this changes for you - practically

If you are a grandparent and are deprived of contact with your grandchildren, know that you can take action. The first step is always to try an amicable resolution: send a registered letter with acknowledgement of receipt to your children, propose family mediation. If that fails, you can apply to the family judge of the child's place of residence. Expect a delay of several months; for example, in the Mont-de-Marsan district, an initial hearing may be set within 3 to 6 months.

For parents: you cannot arbitrarily prohibit relationships. If you have legitimate fears (violence, indoctrination, etc.), you must prove them. The judge will assess on a case-by-case basis. In the example from Parentis-en-Born, a parent who refuses all contact without valid reason risks having a right of access imposed, as in this case.

As for costs: proceedings before the family judge can cost between €1,500 and €5,000 in legal fees, not counting the social investigation (about €800 to €1,500) or mediation (€150 to €300 per session). Compare this with the emotional cost of a lasting break – often much higher.

Four tips to avoid this type of dispute

• Keep records of all your attempts at contact: letters, emails, messages. In court, this proves your willingness to maintain the link, and the judge will take it into account.
• Propose family mediation before taking the case to court. A professional mediator can help reopen dialogue without going through legal proceedings. Costs are shared and often lower.
• Respect the parents' educational rules. Even if you disagree, showing that you do not undermine parental authority strengthens your case. Avoid criticising in front of the children.
• Consult a lawyer specialising in family law as soon as the first signs of conflict appear. Early advice can prevent mistakes and speed up the solution. For example, Maître Bruno Perucca can guide you remotely if you are in Parentis-en-Born or Mont-de-Marsan.

Further reading: related case law and developments

This decision confirms a line already drawn by the Court of Cassation in a judgment of 20 March 2024 (appeal no. 23-10.456), where it granted a right of access to grandparents despite parental opposition, emphasising that the child's best interests prevail over adult conflicts. There is a trend among courts to favour maintaining family ties, unless there is proven danger. However, some jurisdictions remain more restrictive: for example, the Bobigny court refused a right of access in 2023 on the ground that the grandmother was too intrusive. The difference lies in the facts of each case. Recent legislative developments (the law of 21 February 2022 on child protection) have reinforced the importance of the child's best interests, prompting judges to examine each situation thoroughly.

What you absolutely must remember

FAQ / Q&A

• Do grandparents have an absolute right to see their grandchildren? No. Only the child's best interests can justify this right; it can be refused if the relationships are harmful.
• What to do if the parents refuse all contact? Start with mediation, then apply to the family judge. You can request a right of access and overnight stays.
• How much does a legal procedure cost? Expect €1,500 to €5,000 in legal fees, plus social investigation costs (€800 to €1,500). Mediation costs €150-300 per session.
• Can the child be heard? Yes, if he or she is capable of discernment (usually from age 7-8). The child's opinion is considered but does not bind the judge.
• Can I obtain a right of access if I am in Mont-de-Marsan and the child is in Paris? Yes, the competent court is that of the child's residence, but you can be represented by a local lawyer. Decisions are enforceable throughout France.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of procedure — and often much more. Book an appointment →