Grandparents have rights: Grandparents also have rights. In the case of separation of parents or disagreement with one of the parents, it is still possible for them to continue to see their grandchildren. They can apply to the courts for access and accommodation. We take stock.
Grandparents: the right to see their grandchildren
The law provides for specific rights for grandparents, with the reform of 5 March 2007. Article 371-4 of the Civil Code makes clear that “the child has the right to maintain personal relations with his / her ascendants.” Thus, even if there are conflicts between parents and grandparents, it is the best interests of the child.
Grandparent visitation and lodging
Due to a divorce or poor relationships between parents and grandparents, grandchildren may find it difficult to maintain a relationship with their grandparents.
However, access permits grandparents to receive the child during the day.
In the presence or not of the parents, at their place of residence or in a public place. In the latter case, these are areas specially designed to accommodate families in conflict. These places are the basis for maintaining a link between the parents and the child when the latter is the object of an investment measure. However, they can fulfill the same role between grandparents and grandchildren.
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The right of accommodation allows grandparents to invite their grandchildren to sleep.
Other more common rights: letters, e-mails, phone calls, the right of correspondence allows the grandparents to exchange with their grandchildren to keep in touch. They can also participate in the education of children, provided that they not replace the parents.
If grandparents live abroad
If grandfather and grandmother live abroad, they can exercise their right to visit and stay at home only if it does not harm the child. In any case, the parents retain the right to object to any departure from the territory of their child.
Rights of Grandparents in Conflict
Grandparents can take over if the child can not stay in the home of one of his parents, or worse if the parents are deprived of parental authority. In this case, grandparents may be given custody of the child. Inversion of roles: it is then the parents who have access rights.
In the event of a conflict between parents and grandparents, divorce or disputes between mother-in-law and daughter-in-law, or even deeper conflicts with parents, the child becomes the center of discord. Physical and moral separation often occurs between grandparents and children. It is in this particular case that the law has put in place specific rights to safeguard the interests of the child: “Only the best interests of the child can impede the right of the child to see his grand- Parents “states the law.
There are specific situations in which the Family Court (JAF) may prohibit the maintenance of grandchild/grandparent relationships: grandparents’ inability to care for grandchildren, refusal of children to see them, Poor relations between parents and grandparents to the point that this may disrupt the child.
What recourse for grandparents?
If any discussion is blocked, before considering legal action, privilege the settlement through a family mediator. It is always less traumatic to pass before the judge. Moreover, who knows, you may be able to dialogue and find common ground so that children do not drink and continue to maintain relationships regularly.
Failing this, grandfathers who feel aggrieved may appeal to the Family Court judge of the Court of First Instance (TGI) of the children’s home. It is he who will decide, with the possible help of a previous social inquiry and at best, according to the will of the children, when they are old enough to express themselves. If access and accommodation rights are granted, the JAF determines the terms and conditions.
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