Grandparents' contact rights: what the law says and how to refer the matter to the judge

Published on 09/07/2026

After a separation, a family conflict or the death of a parent, grandparents are sometimes deprived of all contact with their grandchildren. French law does not leave them without recourse — but it reasons first from the point of view of the child. Here, in a documentary way, is what the law provides and how to refer the matter to the judge.

A right of the child, not only of the grandparents

This is the key to the whole subject: the law does not enshrine a "grandparents' right", but a right of the child. Article 371-4 of the Civil Code provides:

"The child has the right to maintain personal relations with their ascendants. Only the child's interest can stand in the way of the exercise of this right."

Grandparents therefore act in the name of the child's interest in preserving this bond — an angle that carries weight before the judge.

Correspondence, visits, accommodation

These "personal relations" come in several intensities, according to the child's age and the circumstances: a simple right of correspondence (telephone, letters, video calls), a contact right without accommodation, or a contact and accommodation right. The official page Separation of parents: relations between the child and their family or relatives (service-public.gouv.fr, F1223) gives concrete examples.

When can parents oppose it?

The principle protects the bond: it is presumed to be in the child's interest to maintain relations with their grandparents. It is therefore the parents who oppose it who must show that this bond would be contrary to the child's interest — case law has long required serious reasons (harmful behaviour, danger, a major conflict spilling over onto the child). A mere disagreement or falling-out between adults is not enough.

ℹ️ Beware of a widespread formula: the law no longer speaks of "serious grounds" (the old wording), but of the child's interest. This right is not automatic for all that: the judge assesses each situation concretely and may refuse the contact right if the child's interest so requires.

And a third party, a former step-parent?

Article 371-4 goes further: a third party, whether related or not, may also be granted relations with the child — but under more demanding conditions:

"If it is in the child's interest, the family court judge sets the arrangements for relations between the child and a third party, whether related or not, in particular where that third party has resided in a stable manner with the child and one of their parents, has provided for their education, maintenance or settlement, and has formed lasting emotional bonds with them."

This is the legal basis, for example, for maintaining the bond with a former step-parent who raised the child.

Amicably first

Before any trial, a written agreement between grandparents and parents is enough (no form required). In the event of deadlock, family mediation can renew dialogue — often the quickest and least painful route for the child.

Referring the matter to the family court judge

Failing an agreement, it is the family court judge who sets the arrangements, in the child's interest.

⚠️ A distinguishing point: here, a lawyer is mandatory. Unlike most applications to the family court judge — the child's residence, maintenance, parental authority, for which one may act alone —, grandparents' contact rights (and those of siblings and third parties) require the assistance of a lawyer (Is a lawyer mandatory in a civil trial? — F35132). The application is made by summons (assignation) served by a commissaire de justice.

The useful documents show the reality of the bond (photos, correspondence, statements from relatives) and what the relationship brings to the child.

How much does it cost?

Legal aid contribution: 50 €. Since 1 March 2026, this first-instance civil application is subject to the tax stamp of 50 € (unlike, for example, an application for a protection order, which is exempt).
Lawyer's fees, mandatory here.
Legal aid: subject to income conditions, it can cover the lawyer and exempts from the 50 € stamp (legal aid, F18074).

What the judge decides — and what they do not do

The judge sets the frequency and the arrangements (simple visits, accommodation, or even supervised visits in a contact centre if necessary), always in the child's interest; they may also refuse. Appeal is possible within one month.

ℹ️ A contact right confers no parental authority: grandparents obtain no decision-making power over the child's health, schooling or place of life — those choices remain with the parents.

Obtaining or restoring a contact right turns on concrete, dated facts: the reality of past bonds, the attempts at contact, the refusals given. Gathering and ordering this material to present it to a lawyer is exactly what Aridelle is designed to make easier — see Building an evidence file for the family court judge.

For any individual situation, turn to a lawyer, a point-justice or Allô Service Public (3939).