Grandparents’ contact with a child

Under Article 128(1) of the Family Code, grandparents may ask the court to determine arrangements for contact with their grandchild if this is in the child’s interests. This gives grandparents a right of their own to apply for contact. The relationship between grandchildren and grandparents is a distinct family relationship, separate from that between children and parents. The right to personal contact under Article 128(1) must be exercised in the interests of the children. It gives practical effect to the principle that children must be protected in all respects, which must always guide the decision.
The Family Code does not define “the child’s interests”. Article 59(4), read with Articles 124 and 125, indicates that a child should be cared for and brought up in a way that ensures normal physical, mental, intellectual, moral and social development. Their upbringing should meet their needs and aptitudes, prepare them to live responsibly and independently, and ensure that their personal and property rights and interests can be properly exercised and protected. A child’s interests are always specific because they are the interests of an individual. Section 1, point 5, of the supplementary provisions of the Child Protection Act defines “the best interests of the child”. It calls for an individual assessment of the particular child’s physical, psychological and emotional characteristics, sex, age, background, individual needs and other relevant factors.
Courts have generally held that a decision cannot rest on broad assumptions alone: that all children benefit from growing up in a normal family environment with contact with relatives on both sides; that estrangement from grandparents is contrary to a child’s interests; that grandparents are motivated to help raise their grandchildren in their best interests; or that established extended-family relationships should not be broken on the parents’ divorce or separation.

Grandparents bringing an application for contact arrangements should obtain legal assistance from a lawyer experienced in family law. This article is not a legal opinion or advice about a particular situation, person or aspect of the law. For legal assistance with a similar case, consult a lawyer practising in family and inheritance law and child contact arrangements.