« A child has the right to maintain personal relations with their ascendants. Only the interests of the child may prevent the exercise of this right » (Article 371-4 of the Civil Code).

Grandparents often occupy a special place in the lives of their grandchildren. Generally speaking, grandparents are seen as a complementary figure to parents. At European level, it is accepted that the emotional relationship between grandparents and their grandchildren is an integral part of the private family life.

It is for these reasons that there is a presumption of conformity that maintaining relationships between grandparents and their grandchildren is in the best interests of the child.

This presumption is illustrated by the fact that the right of grandparents to maintain personal relations with their grandchildren can only be defeated by showing that such maintenance would be contrary to the best interests of the child.

In the absence of such a conflict, the principle of the right to maintain contact between grandparents and their grandchildren applies.

Thus, "contact" may consist of:

- the possibility for grandchildren to see their grandparents as part of access rights;

- the possibility for grandchildren to be accommodated by their grandparents under a right of accommodation;

- the possibility for grandchildren to communicate freely with their grandparents.

However, this special position can be disrupted for a variety of reasons (parents moving house, conflicts between parents and grandparents, etc.).

In practice, when the relationship with the grandchildren is damaged, the grandparents can apply to the Family Affairs Judge to assert their wish to keep their grandchildren close by demonstrating that there is nothing to hinder this.

It is up to the family court to provide a protective legal framework by setting out all the terms and conditions to maintain an emotional relationship between grandparents and their grandchildren, which will be binding on everyone, including the children's parents.