Decision of the Higher Regional Court of Brandenburg, Case No.: 9 UF 204/23
Even if parents are separated, family law generally assumes that it is beneficial for the child to have regular contact with both parents. Grandparents also often place great importance on regular contact with their grandchildren. However, the extent to which grandparents can enforce a right of contact is controversial.
When it comes to contact rights, the welfare of the child takes precedence. In principle, the child has a right to contact with both parents. If the parents are separated, they should agree on contact arrangements with a view to the child’s well-being. If the parents cannot reach an agreement, the competent family court sets the contact arrangements. The right of grandparents to have contact with their grandchildren is more nuanced. In this case, a positive effect on the child’s well-being must be established, according to the law firm MTR Legal Rechtsanwälte, which also advises on family law.
Relationship Between Parents and Grandparents
Many grandparents enjoy spending time with their grandchildren, and the grandchildren likewise often enjoy being with their grandparents. However, if the relationship between parents and grandparents is strained, too much contact with the grandparents could be detrimental to the child’s well-being. On April 24, 2024, the Higher Regional Court of Brandenburg confirmed a grandmother’s right of contact but rejected an expansion of this contact (Case No.: 9 UF 204/23).
In the underlying case, the parents had divorced, and the two children, aged six and nine, lived with the mother. The family court had granted the grandmother limited visitation rights. The grandchildren were allowed to occasionally stay overnight at her house or spend a week with her during the summer holidays. However, this was not enough for the grandmother. She demanded that her daughter allow more regular contact with the children on weekends, holidays, or during school breaks.
Contact Broken Off
The grandmother justified this by stating that she and her husband had previously had extensive and positive contact with their grandchildren and had even traveled with them multiple times. However, when her daughter suddenly cut off contact with her, she saw her grandchildren much less frequently.
The daughter refused to expand her children’s contact with their grandparents, citing her broken relationship with her own mother. She argued that more extensive contact would harm the children’s well-being. She further claimed that the grandparents questioned her parenting style and spoiled the children with unhealthy food and inappropriate gifts.
The case eventually went before the Higher Regional Court of Brandenburg, which upheld the initial decision of the family court that the grandmother had a right to contact with her grandchildren. The grandmother and her husband had been important figures in the children’s lives from an early age, which was evident from the fact that the children expressed a desire for closer contact. The mother’s claims that contact with the grandparents would harm the children could not be substantiated, the court stated. Instead, the court gained the impression that the mother was unwilling to accept her children’s need for regular contact with their grandparents.
No Expansion of Contact Rights
However, the court further ruled that there was no reason to expand the grandmother’s contact rights. There should be no “contact tourism,” as this could lead to loyalty conflicts. Additionally, the children’s contact times with their father must also be considered. Frequent visits could lead to the children being overwhelmed, and their need for rest and contact with other children their age should not be overlooked, the Higher Regional Court of Brandenburg emphasized.
This decision illustrates that the child’s well-being must always come first when determining the extent of contact rights. Moreover, regular contact with both parents is also essential, which leaves less time for grandparents. The question of grandparents’ contact rights always depends on the circumstances of the individual case.
MTR Legal Rechtsanwälte advises on contact rights and other family law issues.
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