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Grandparents and the grandchild: is there a right of contact?

After a family dispute or a separation, grandparents are sometimes denied contact with a grandchild. Grandparents do have their own right of contact, but it is tied to an important condition: it must serve the child's welfare.

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Grandparents (and other close attachment figures) have a right of contact with the child if it serves the child's welfare (§ 1685 BGB). So what matters is not the grandparents' interest but the child's.
The parents' right of contact takes priority. If there is a deep conflict between parents and grandparents that burdens the child, that can argue against contact. The family court decides in each individual case.

What you should do now

  1. 1

    1. Focus on the child's welfare

    What is decisive is whether the contact is good for the child, not the adults' wishes.

  2. 2

    2. Seek agreement

    First try an amicable arrangement; the youth welfare office can mediate.

  3. 3

    3. Application to the family court

    If it stays disputed, grandparents can apply to the family court for a contact arrangement.

  4. 4

    4. Advice

    Legal advice helps assess the chances of success in the specific case.

Frequently asked questions

Do grandparents have a right to see their grandchild?

Yes, in principle, but only if the contact serves the child's welfare (§ 1685 BGB). The court examines whether the contact is good for the child. The parents' right to raise the child takes priority, and a serious conflict between parents and grandparents that burdens the child can argue against a right of contact.

What can we do if the parents refuse contact?

First seek a conversation and use the mediation of the youth welfare office. If that does not help, you can apply to the family court for a contact arrangement. The court decides according to the child's welfare; legal advice helps to assess the prospects realistically.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.