Blog
Attorney Milena Nowicka
Do grandparents have the right to see their grandchildren?
Limitation or prohibition of contact between grandparents and grandchildren – an exception to the general rule of grandparents’ right to contact
How often do grandparents have the right to see their grandchildren?
The right of grandparents to contact with grandchildren in practice
What can you do if your child, son-in-law, or daughter-in-law obstructs your contact with your grandchildren?
Regulating contact with grandchildren through mediation
An application to the court to establish contact with grandchildren
What does the court consider when determining contact with children?
Under Polish family law, contact between grandparents and grandchildren is regarded as an important element of family bonds—so important that it is afforded legal protection. Accordingly, if your child, son-in-law, or daughter-in-law restricts or prevents your contact with your grandchildren, you may take specific legal steps.
Under the Family and Guardianship Code, maintaining contact with grandchildren is both a right and an obligation of grandparents. The provisions also introduce another important principle: when determining the manner of maintaining contact with grandparents, parents should be guided by the best interests of the child.
The importance of the right to contact with grandchildren is also emphasized by the courts. For example, in one of its resolutions, the Supreme Court stated that, due to tradition and the role of grandparents, maintaining contact among three generations is natural in Polish social conditions.
Parents should therefore ensure that their child continues to have the opportunity to maintain contact with grandparents, even if other relationships have changed—for example, due to divorce or family conflicts. In most cases, maintaining contact with grandparents on previous terms is consistent with the child’s best interests, proper upbringing, and development.
Naturally, there are situations in which maintaining contact with a grandparent could be harmful to a minor. In such cases, limiting or even completely prohibiting such contact may be in the child’s best interests. However, this is not a decision that parents may make on their own; the matter must be decided by a court.
Parents may present evidence demonstrating that contact between grandparents and grandchildren should be regulated differently than provided for by law. However, such an assessment must always be made in light of the child’s best interests, which is the criterion the court will follow. For this reason, a complete deprivation of grandparents’ contact with grandchildren is reserved for exceptional circumstances, such as serious alcohol abuse by grandparents or harm inflicted on the grandchildren.
Once it is established that grandparents have both a right and an obligation to maintain contact with their grandchildren, the question remains as to how such contact should function in practice.
There is no provision that precisely regulates this issue. Taking into account the aforementioned resolution of the Supreme Court, it may be concluded that contact with grandchildren should occur frequently enough to be consistent with the best interests of the minors.
This is, of course, not a precise concept. In practice, grandparents and parents must determine for themselves what frequency of contact meets these requirements. If they are unable to reach an agreement, the court will make the assessment.
The concept of “contact with grandchildren” is most commonly associated with visits and spending time together. However, the Family and Guardianship Code provides a broader catalogue of activities that constitute the exercise of contact, including:
As you can see, contact between grandparents and grandchildren does not have to involve in-person visits or taking the child overnight or on day-long trips. Sometimes it may be limited solely to remote contact, take place in the presence of one of the parents, or even be supervised by a court-appointed guardian—if the court determines that such limitations are necessary.
Very often, the need to regulate contact with grandchildren arises in the context of changes in family relationships—for example, as a result of divorce or conflicts. If this occurs, you have two options. The first is to attempt an amicable resolution. The second is to involve the court.
The quickest and usually least stressful solution is to attempt to regulate contact with grandchildren through mediation. However, this requires cooperation and a willingness on all sides to reach an agreement.
If you and the parents of the minor grandchildren are in serious conflict, one of the parties refuses to engage in dialogue, or discussions lead to the conclusion that you cannot make a decision on your own, the matter will need to be resolved by the court.
To initiate court proceedings, you must prepare an application to establish contact with your grandchildren and submit it to the family (guardianship) court.
In addition to meeting formal requirements—such as correctly identifying the court, including the date, etc. (i.e., the formal requirements of a pleading)—you must present specific requests regarding the determination of contact with your grandchild. This means you must specify:
You should also remember that the court will be guided by the best interests of the child. Therefore, evidence and the justification of the application are of crucial importance. You must convince the court that enabling contact in the manner you request is consistent with the best interests of your granddaughter or grandson.
As already noted, the court will assess each situation individually in order to determine how contact between grandparents and grandchildren should be arranged. There are no strictly defined rules governing the manner or frequency of such contact. Depending on the circumstances, the concept of the “best interests of the child” may mean different things.
For this reason, the court will consider, among other factors:
The difficulty is that even fulfilling the formal requirements may be a significant challenge for someone without legal training. Moreover, without practical experience gained from participation in similar cases, it may be difficult to assess which arguments and evidence will persuade the court.
For this reason, it is worth considering the assistance of an experienced family law attorney. Such a lawyer can help you prepare an application to regulate contact between grandparents and a child, collect evidence, ensure compliance with formal requirements, and represent you before the court.
