What happens in case of disagreement between parents and grandparents?
When a separation, a family conflict or the death of a parent deprives grandparents of all contact with their grandchildren, they can apply to the Family Court to assert their right to personal relationships.
Unlike other third parties (godparents, step-parents), grandparents do not have to demonstrate a particular reason: their right is presumed.
The court can only refuse this right if its exercise is contrary to the child's best interests:
- danger for the child (violence, abuse, serious psychiatric disorders)
- demonstrated harmful family conflict
- clear and reasoned wish of a child of discernment age
What arrangements can be ordered?
- Weekend visits (e.g. one Saturday per month)
- School holidays (week or half-week)
- Regular phone / video calls
- Gifts and correspondence
The court adapts the arrangements to the child's age, geographical distance, the quality of the pre-existing relationship.
Procedure
1. Family mediation attempt (often recommended by the judge before hearing)
2. Summons or petition before the Family Court
3. Hearing of the child (systematically from age 12, earlier on request)
4. Judgment setting the arrangements
How Sarah Satti can help you
- Strategic advice (mediation vs proceedings)
- Drafting of the petition to the Family Court
- Representation at the hearing
- Request for subsequent modification if necessary
- Appeal in case of non-enforcement of the judgment
📞 Book an appointment: +32 495 19 34 77 | 100€ excl. VAT — 30 min | [Book online →]
