The Right Of Visit Of Grandparents With Their Grandchildren

Grandparents play a very important role in the family nucleus, especially with grandchildren. Among the rights that have been generated for this family figure is the right to visit grandparents with their grandchildren. How is it managed?

The traditional role of grandparents in the family is changing.  In many cases, taking care of the daily care of the grandchildren and assisting them financially is their new reality, but they also want to spend a different time with the grandchildren.

The fact of sharing trips and games with their grandchildren is one of the favorite projects of grandparents, but everything can be frustrated if the parents do not allow contact. Above all, this happens in cases of divorce of the parents.

Precisely in these cases it is very important to strengthen the family ties of children. Next, we will analyze the right of visitation of grandparents to their grandchildren and how to claim it.

Is there the right to visit the grandparents?

When strong bonds of affection have been created between grandparents and grandchildren, the breakdown of this bond due to the dissolution of their parents’ couple can be especially traumatic for children.

Until the reform of the Civil Code in 2003, grandparents were very little taken into account by the regulations. There was only one reference to the right to visit relatives or close friends, a category that included grandparents, uncles, cousins ​​and other relatives.

Little by little, numerous pronouncements from the provincial audiences led to the idea of ​​reinforcing the role of grandparents. The reform of the Civil Code recognized the fundamental role of grandparents in family cohesion and the emotional stability of children.

It has also been established that the minor’s relationships with his siblings, grandparents and other relatives and close friends cannot be impeded without just cause.

In this way, the right of grandparents to visit their grandchildren is enshrined, within the framework of a regime established by the court decision and with the right of minors to be heard.

How to claim visitation from grandchildren

Most of the cases of estrangement of grandparents from their grandchildren occurs in conflictive divorces. Many factors are involved, especially the deterioration or cooling of family relationships after the separation. The situation is aggravated when one of the parents (for example, in cases of violence), has restricted or suspended the regime of visits to the children.

When a grandfather feels that his right to enjoy his grandchildren is being violated, he must file a claim before the competent Court of First Instance, requesting a visitation regime.

Experience indicates that, although it is a controversial issue , most of the time, the courts grant the grandfather’s request, seeking to protect the interests of the children.

The procedure consists of the analysis of each specific case, relying on psychosocial reports and the hearing of the minor in the event that he or she is older than 12 years. Everything ends with the judicial resolution that grants or denies the visitation regime. In the case of a positive decision, it also establishes the ideal regime for the case.

Grandparents should be aware that their right to visit their grandchildren cannot be equated with the visitation regime of the non-custodial parent. In other words, the number of days, the dates of visit or the overnight stay at the grandparents’ house have their limitations.

On the other hand, if there are restrictions on any of the parents, the grandparents’ visitation regime cannot represent the violation of said restriction. For example, when a parent who has restricted visits to their children wants to take advantage of the children’s visit to their own parents to see them.

Conclusions

The first element to take into account is that the visitation regime for grandchildren must be claimed by the grandparents in a judicial manner, unless an agreement or conciliation is reached between the parties.

Grandparents should know that a legal regime can be more or less restricted. They must be prepared for modalities that take into account multiple factors, such as parental regimes, grandchildren’s age, grandparents’ age, previous relationship, among others.

As applications of the visitation rights of grandparents with grandchildren we have:

• Comprehensive scheme: one weekend per month, two days at Christmas, two days at Easter and one week in summer.
• Restricted regime: a few hours on a weekend, two days at Christmas, two days at Easter and two days in summer, without an overnight stay.