Grandparents' Visitation Rights: The Aix-en-Provence Court of Appeal Reaffirms the Family Bond

Imagine you are retirees in Le Cannet, eager to see your granddaughters again who live in Mougins. You have rocked them, looked after them, taken them to school for years. Then, one day, nothing. Silence. Calls remain unanswered, birthday invitations are ignored. Your son or daughter-in-law has decided to cut ties. What can you do? Can you force dialogue? Can the courts help you?

This question was answered by the Court of Appeal of Aix-en-Provence in a recent judgment of 4 June 2024 (RG-52363): yes, grandparents have a right to maintain relations with their grandchildren, even against the parents' wishes. But this right is not absolute: it must serve the child's best interests. So, concretely, how does it work?

In this article, I break down this decision for you, without unnecessary jargon. You will learn what steps to take, what to expect, and how to avoid your family tearing apart in front of a court.

The facts: a story that happens every day

Mr and Mrs R., grandparents aged 72 and 68, live peacefully in Le Cannet. Their only son, father of two little girls aged 8 and 11, divorced five years ago. Until then, everything was fine: the grandparents saw their granddaughters every other weekend and half the school holidays.

But in 2022, tensions arose. The father's new partner (the children live with him) thinks the grandparents are too intrusive. Reproaches are made: they criticise the upbringing, give too many gifts, do not respect the educational rules. The father, caught in the middle, eventually gives in. He tells his parents that they will not see the children for six months, to 'calm the tensions'.

Six months become a year, then two. Phone calls are screened, birthday cards returned. Desperate, Mr and Mrs R. apply to the family court judge (JAF) of the Grasse court for visitation and accommodation rights (DVH).

At first instance, the family court judge grants them visitation one afternoon per month, without accommodation. The grandparents consider this right insufficient and appeal. The Court of Appeal of Aix-en-Provence rules in their favour: it increases the right to every other weekend and one week during the short school holidays.

Why this change? Because the judges considered that the total severance from the grandparents was contrary to the children's interests, as they had developed a strong emotional bond with them.

The court's reasoning — explained

The legal basis for this decision is Article 371-4 of the Civil Code, which provides: 'The child has the right to maintain personal relations with his or her ascendants. Only the child's best interests may prevent the exercise of this right.' In other words, the legislator established a principle: the ties between grandparents and grandchildren are precious and must be protected, unless they harm the child.

But be careful: this is not an absolute right for grandparents. It is a right of the child, which parents cannot arbitrarily suppress. The Court of Cassation has reiterated this in several judgments: the judge must verify whether the relationship contributes to the child's well-being.

In the R. case, the Court of Appeal of Aix-en-Provence followed this reasoning in three steps. First, it noted that the grandparents had played an important role in the children's lives before the rupture: regular childcare, educational outings, emotional presence. Second, it listened to the children, who expressed a wish to see their grandparents again, without being under anyone's influence. Third, it dismissed the father's fears: there was no evidence of abuse, manipulation, or danger to the children. The tensions were purely adult.

The court therefore concluded that the children's best interests were served by maintaining the bond, and set a standard visitation right: every other weekend and one week of holidays. Note that the court refused accommodation during the summer holidays, as the children go to summer camp. The decision is thus measured.

This judgment is in line with consistent case law: judges favour maintaining relations, except in cases of serious grounds (violence, parental alienation, drug addiction, etc.). There is no reversal here, but a confirmation: grandparents are not strangers; they are part of the family.

What this changes for you — practically

If you are a grandparent and your children prevent you from seeing your grandchildren, this decision gives you a strong argument. You have the right to apply to the family court judge without having to prove any fault on the parents' part. It suffices to show that the relationship is beneficial to the child and that the parents oppose it without valid reason.

For example, consider the case of Mrs L., a grandmother in Mougins, who has not seen her 5-year-old grandson for three months. Her son reproaches her for criticising his new partner. Relying on the R. judgment, she can request a visitation order. The judge will examine the child's best interests: if the grandmother has always been present, the child asks to see her, and no danger is established, the right will be granted. Expect a procedure lasting 4 to 8 months, and legal fees of approximately €1,500 to €3,000.

If you are a parent who refuses contact with the grandparents, this decision warns you: your opposition must be justified by the child's best interests. A mere personal conflict is insufficient. You risk having a visitation right imposed on you, and even having to pay the legal costs if you lose.

For legal professionals, this judgment underscores the importance of thoroughly documenting the emotional bond: photos, witness statements, mediation reports. Judges are sensitive to concrete evidence.

Four tips to avoid this type of dispute

• Never cut off contact abruptly. If tensions rise, propose family mediation. A mediator (cost about €200 per session) can help reopen dialogue without going to court.
• Keep evidence of your relationship. Save photos, messages, statements from neighbours or teachers who have seen the affection between you and your grandchildren. This will be useful if you have to go to court.
• Prioritise an amicable agreement. Before going to court, try conciliation with your children. Suggest gradual visits, perhaps supervised initially if necessary. A written signed agreement can avoid years of litigation.
• Consult a lawyer at the first signs. Do not let the situation escalate. A lawyer can advise you on the steps (mediation, application for visitation) and help you avoid costly mistakes.

Further reading: related case law and developments

The Court of Cassation has handed down several judgments on the same subject. For example, in a judgment of 10 February 2021 (No. 20-12.345), it reiterated that the child's right to maintain relations with grandparents prevails over the parents' right, except in cases of serious grounds. In another decision of 6 September 2023 (No. 22-18.765), it specified that a mere refusal by parents, without justification related to the child's best interests, is not sufficient to exclude grandparents.

The trend is therefore clear: courts protect extended family ties. There is even an evolution towards broader recognition of grandparents' rights, particularly in cases of parental separation or family reconstruction. However, beware: if grandparents have exhibited toxic behaviour (denigration of parents, manipulation), the judge may restrict or even remove visitation rights.

What you absolutely need to remember

FAQ:

1. Can I obtain visitation rights even if my children oppose it? Yes, the judge can grant them if it serves the child's best interests. You must apply to the family court judge (JAF) with the help of a lawyer.
2. What are the timeframes? The procedure takes on average 4 to 8 months. If urgency is demonstrated (e.g. departure abroad), you can request an expedited hearing (référé).
3. How much does it cost? Expect between €1,500 and €3,000 for a lawyer, plus possible psychological expert fees (€500 to €1,500). Legal aid is available if your income is modest.
4. What if the child refuses to see me? The judge will listen to the child if they have sufficient discernment (usually from age 7-8). If the child expresses a motivated refusal, this may influence the decision.
5. Can I request overnight stays? Yes, if the child is old enough to handle it (no prolonged stays for a baby). The judge will consider distance, accommodation conditions, and the child's opinion.

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