Grandparents' Right to Visit and Stay: When Justice Opens Its Arms

Imagine a family in Bruz: the grandparents, Marie and Jean, haven't seen their grandchildren for two years. Their son, separated from the mother, refuses them access. What to do? The question every parent and property owner asks themselves: do we have a right to see our grandchildren?

The answer is yes, subject to conditions. The right to maintain relationships with grandchildren is not a mere privilege granted by parents. It is an autonomous right, protected by law and recognised by judges.

This decision of the Aix-en-Provence Court of Appeal, handed down on 22 June 2024, confirms this with force. It reaffirms that grandparents can apply to the courts for a right to visit and stay, even against the parents' wishes, provided it serves the best interests of the child.

The facts: a story that happens every day

Mr and Mrs Dupont, grandparents living in Betton, had not seen their granddaughter, Lisa, aged 7, for over a year. Their son, Pierre, and the child's mother, Sandra, had separated in a violent conflict. Sandra, who had sole custody, prohibited all contact with the paternal family, alleging a supposed danger to the child.

Seeing their relationship break down, the grandparents first attempted family mediation, offered by the Centre for Information on Women's and Family Rights (CIDFF) in Rennes. In vain. They then applied to the family court judge (JAF) of the Rennes judicial court for a right to visit and stay.

At first instance, the judge granted a right to visit one Saturday per month, without an overnight stay. Sandra appealed, arguing that the relationship was harmful to the child. The Aix-en-Provence Court of Appeal, having jurisdiction after a referral on grounds of legitimate suspicion, upheld the judgment and even extended the right: one weekend out of two and one week during school holidays.

The court's reasoning — broken down

The court relied 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 [grandparents and great-grandparents]". Only the best interests of the child can override this.

Concretely, the judges analysed four elements: the quality of previous ties between the child and her grandparents, the absence of proven danger, the child's age (7 years old, capable of expressing her attachment), and the mother's attitude. Sandra provided no evidence of abuse or harmful influence. On the contrary, a social investigation revealed that Lisa was happy during her visits.

This decision is not a departure from precedent: it follows consistent case law. The Court of Cassation, in a judgment of 14 November 2019 (No. 18-24.567), already recalled that the mere opposition of parents is not sufficient to exclude grandparents' rights.

What this means for you — practically

For grandparents: you are not at the mercy of a parental whim. If you have maintained an emotional bond with your grandchild, you can request a right to visit and stay. In practice, this means: once a month or more, with or without an overnight stay. For example, in Betton, a couple of grandparents obtained one weekend per month after proving their regular presence at birthdays.

For parents: you cannot arbitrarily refuse relationships. If you believe they are harmful, you must prove it (violence, alcoholism, psychological control). Simple disagreement is not enough.

For children (through their legal representative): their voice is taken into account. A child of 7 can express their wishes, but the court checks whether this is free and informed.

Beware of timeframes: proceedings last on average 6 to 12 months. Legal fees, mediation and expert reports can reach €2,000 to €5,000. However, legal aid (AJ) is available subject to means.

Four tips to avoid this type of dispute

• Prioritise family mediation before any court action. Free or low-cost (€20 to €50 per session), it often allows an agreement on access arrangements.
• Keep evidence of the bond: photos, messages, testimonies from neighbours or teachers. Show that you contributed to education or leisure activities.
• Respect parental decisions while awaiting a judgment. Forcing a visit can be used against you.
• Consult a specialist lawyer in family law. A first appointment (€45 with Maître Perucca) can clarify your rights and chances of success.

Further reading: related case law and developments

This decision follows the line of the Court of Cassation judgment of 10 March 2021 (No. 20-13.671), which recognised grandparents' rights even in cases of conflictual parental separation. Trend: judges are increasingly protective of the intergenerational bond, unless there is proven danger. In 2023, 65% of grandparents' requests resulted in a right to visit (source: Ministry of Justice). Possible evolution: a European legislative proposal might soon harmonise this right within the Union.

Checklist before taking action

FAQ: 5 questions to know if you can act

1. Can I request a right to visit if my son/daughter refuses me access to my grandchild? Yes, since the law of 4 March 2002, grandparents have an autonomous right. Apply to the family court judge.

2. Is the child's opinion taken into account? Yes, from age 7. The judge may hear them alone or with a psychologist. But it is not a veto: the best interests prevail.

3. What are the timeframes for obtaining a judgment? On average 8 to 14 months between filing and hearing. In urgent cases, an accelerated procedure (interim order) may be available.

4. How much does a procedure cost? Between €1,500 and €5,000 depending on complexity (lawyer, mediation, expert reports). Legal aid covers up to 100% of costs if your resources are low.

5. And if I am a parent, how can I legally oppose? You must prove serious danger (violence, addiction). A simple conflict is not enough. Consult a lawyer to assess your chances.

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