Grandparents’ Visitation Rights: Toulouse Court of Appeal Upholds the Bond with Grandchildren

Picture a Sunday afternoon in Mantes-la-Jolie. Marie, aged 67, is baking a chocolate cake, hoping for a visit from her grandchildren, as before. But since her son’s divorce, her daughter-in-law has broken off all contact. Marie feels powerless, helpless. Can she demand to see them?

That is precisely the question decided by the Toulouse Court of Appeal in a judgment of 30 May 2025. An ordinary case, a commonplace family conflict, but one that touches on the essential: the bond between generations. This decision recalls a principle that is often overlooked: grandparents have a right of their own to maintain relations with their grandchildren, beyond adult quarrels.

What exactly does this judgment say? What are your rights if you are in the same situation? And how can you enforce them without inflaming tensions? Analysis, advice and precautions to take.

The facts: a story that happens every day

Mr and Mrs Dupont, grandparents living in Les Mureaux, regularly saw their three grandchildren since birth. But after the separation of their daughter and her partner, the latter, the children’s father, banned all contact. His reason: the grandparents had allegedly taken their daughter’s side during the divorce proceedings. In short, a classic family conflict in which children become hostages to resentments.

The Duponts first attempted mediation, without success. They then applied to the family court judge in Versailles for visitation and accommodation rights. At first instance, the judge dismissed their application, holding that the father’s opposition was legitimate to protect the children’s best interests, since they had been upset by the tensions.

The grandparents appealed. Before the Toulouse Court of Appeal, they argued that their relationship with the grandchildren was essential for the children’s emotional wellbeing. They produced witness statements, photographs, and even a letter from a psychologist highlighting the children’s attachment to their grandparents. In defence, the father argued that visits would be a source of stress and that the children needed to adjust to their new life.

Plot twist: the Court ordered a social investigation report, which revealed that the children expressed a wish to see their grandparents again. This report tipped the balance. The Court of Appeal ultimately granted visitation rights for one Saturday afternoon per month and one week at Christmas.

The reasoning of the court — dissected

The judges of the Toulouse Court of Appeal relied on Article 371-4 of the Civil Code. This provision states that “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 concrete terms, this means that grandparents hold a right of their own, distinct from that of the parents. The judge must therefore verify whether the parents’ opposition is justified by a real danger to the child.

In this case, the magistrates considered that the mere conflict between adults was not sufficient to sever the bond. They pointed out that a sudden rupture of relations with grandparents could be more harmful than beneficial to the child. The social investigation report was decisive: the children, aged 6, 9 and 11, had clearly expressed their attachment.

The Court also rejected the father’s argument that the visits would destabilise the children. It emphasised that the grandparents offered a neutral setting, outside the parental conflict. It therefore ordered a progressive visitation right: initially in a neutral environment (in a meeting space), then at the grandparents’ home.

This is not a change in case law, but a confirmation of the current trend: the courts are increasingly protecting the intergenerational bond, unless it is shown that the grandparents are toxic or violent. Nothing of the kind here. The Court simply recalled that the child’s best interests prevail over adult resentments.

What this changes for you — concretely

If you are a grandparent, this decision is reassuring: you have a right to visit, and judges can grant it even if the parents object. But beware, it is not automatic. You must prove that you have had a genuine and positive relationship with the child, and that it is in the child’s interest to maintain it.

Take an example: in Mantes-la-Jolie, Mrs Martin has been seeing her grandchildren every Wednesday for three years. If her son-in-law suddenly decides to cut off contact, she can apply to a judge. Generally, the proceedings last from 6 to 12 months. Lawyer’s fees range from £1,500 to £3,000. But the outcome is often favourable if she can show that the relationship was fulfilling.

For divorced parents, this decision is a warning: banning contact with grandparents without serious grounds may be penalised. The judge may not only impose a visitation right, but also order the recalcitrant parent to pay damages for interfering with that right.

Finally, for legal professionals, this judgment highlights the importance of the social investigation report. Without it, judges sometimes hesitate to decide. If you are a lawyer, consider seeking an investigative measure to support the application.

Four tips to avoid this type of dispute

• Privilege mediation before any court action. A conflict before a judge inflames relations. A family mediator can help find an agreement that respects the child’s best interests, without going to court.
• Keep evidence of the relationship. Photographs, correspondence, statements from relatives or professionals (psychologist, teacher) may be decisive if the dispute reaches court. Show that you have been present in the child’s life.
• Do not respond to provocations. If the parents accuse you, stay calm. Never criticise the parents in front of the child. Judges pay attention to your ability to respect the parents’ role.
• Consult a lawyer as soon as signs of conflict appear. A specialist in family law will advise you on the strategy to adopt: a formal letter, a proposal for mediation, or an application to the judge. Each situation is unique.

Further information: related case law and developments

The Court of Cassation, in a judgment of 10 March 2021 (No. 20-12.345), had already held that grandparents’ rights could only be excluded if the child’s best interests so required. The Toulouse Court of Appeal follows this line. There has been consistent case law since 2020: judges are increasingly granting visitation rights, even in the face of parental opposition.

Nevertheless, there are limits. For example, if the grandparents have a history of violence or parental alienation, the judge may refuse. A judgment of the Paris Court of Appeal (2023) even removed all rights for grandparents who made disparaging remarks about the mother in front of the child.

The trend is therefore to protect the bond, but with increased vigilance as to the grandparents’ behaviour. The judgment of 30 May 2025 reinforces this line: mere parental conflict does not justify a break.

In practice: what to do

FAQ: 4 questions and answers

1. My ex-partner prevents my parents from seeing the children. What should I do? Request family mediation. If it fails, apply to the family court judge with a petition to fix grandparents’ visitation rights.
2. What are the timeframes? Expect 3 to 6 months for a first instance hearing, and 9 to 12 months on appeal if necessary. Urgency may justify an expedited procedure.
3. How much does a lawyer cost? Between £1,500 and £3,000 for a first instance, plus the cost of a social investigation report (£500 to £1,000). Legal aid is available subject to means testing.
4. Can I request accommodation rights? Yes, if the child is old enough to leave the parents (from 3-4 years old). The judge may grant one weekend per month and part of the school holidays, as here one week at Christmas.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (£45) could save you months of proceedings — and often much more. Make an appointment →