PacisLexis Family Law
Grandparents custody lawyers: Third party and grandparents rights
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Legal rights of grandparents in France
Grandparents and third-parties legal visitation rights
Getting parental responsibility for grandparents and third-parties
Third parties and grandparents child maintenance payments
PacisLexis Family Law
Grandparents and third party rights
When families break down, a minor can find himself in a middle of conflicts and distanced from their relatives and siblings such as the grandparents.
Parents have parental responsibility for their child(ren) opposed to grandparents who don’t automatically have parental responsibility and they are referred as third parties.
However, many grandparents play a key role in a child’s life and disputes can raise following a divorce or separation as children can lose time with their grandparents and other third parties and vice versa.
Grandparent custody lawyers
Legal rights of grandparents in France
In France, do grandparents have legal rights to see their grandchildren?
Yes!
In France, grandparents and great-grandparents have legal rights to see their grandchildren. Legally speaking in France, grandchildren are double descent.
According to the French civil law code 371-4, a child has legal rights to see his/her grandparents. Only serious concerns can prevent the child from seeing them.
For the child’s best interest, only the family court judge can provide or not permission for the grandparents to see their grandchildren.
In the UK, do grandparents have legal rights to see their grandchildren?
No!
Grandparents do not have an automatic right to see their children so parents can stop the grandparents from seeing their grandchildren.
However, it doesn’t mean that grandparents can’t do anything about it. Grandparents have the right to ask for permission from the family court to see their grandchildren.
In France, can third-parties other than grandparents and great-grandparents see their grandchildren?
Yes!
A child has legal rights to see third parties even if they are not biologically related.
Grandparent custody lawyers
Grandparents and third parties legal visitation rights
What to do if a parent denies grandparents visitation in France?
If grandparents are not allowed to see their grandchildren they can take access in an friendly manner as collaboration, mediation or arbitration.
If these ways are not working, then grandparents can ask the family court for permission.
In France, do third-parties have the rights to see the children?
Yes !
In the article 371-4 of the French civil code, third-parties who are not biologically related can see the children, such as step-mother, step-father…
In France, what criteria the court will consider for granting the grandparents and third-parties visitation and overnight stays?
The court will provide its decision based on the best interests of the child.
For grandparents and third parties to be allowed to visit the children and for overnight stays, they must be involved into their grandchildren’s life, educational process, their day-to-day care, their welfare.
If you find yourself in the situation where you wonder what your chances are to get a court order to see your grandchildren, we strongly advice you to seek for a family law lawyer such as PacisLexis Family law.
How often can grandparents have access to their grandchildren with a court order?
The judge will consider how the parties’ proposals will meet the children’s needs. If their relationship has stopped for a long time, the family court judge may organise a gradual expansion of contacts.
For example, grandparents and third parties were only allowed to see their grandchildren and got overnight stays only once a month (Bordeaux, June 27, 1994, No. 1994-043223) or even once a year (Paris, June 8, 1994, No. 1994-021556).
In which situations a judge can deny grandparents to have access to their grandchildren?
It differs from case to case.
The court will provide its decision based on the best interests of the child so it means that the court can deny visitation et overnight stays. The basement is the relationship between the grandparents with their grandchildren.
If you have never seen your grandchildren, it’s unlikely the court will be in your favour.
Grandparent custody lawyers
Getting parental responsibility for grandparents and third-parties
In France, can third parties or grandparents get parental responsibility?
Yes!
In France, parents have parental responsibility for their child from birth.
However, this would require a child arrangement order or a special guardianship order.
What is a special guardianship order?
A special guardianship order is an order appointing someone to be a child’s special guardian and will have parental responsibility for the child.
What is a voluntary arrangement?
A voluntary arrangement is when parents agree to transfer parental responsibility to third-parties or grandparents.
In France, what is an enforcement of a voluntary arrangement?
In France, an enforcement of a voluntary arrangement is when an order is served by the judge.
The enforcement order is made when a parent or both parents don’t comply with their parental responsibility or if a parent is prosecuted or convicted for a crime resulting in the death of the other parent.
The judge may be petitioned by the third party who has taken in the child or by the public prosecutor, with the agreement of the third party seeking to obtain parental responsibility.
In France, can parental responsibility be shared between the parents and the grandparents?
Yes!
In France parental responsibility can be shared between the parents and the grandparents or third parties and the main advantage is a parent remains in the decision-making process and involves in the child(ren)’s life.
How to end a special guardianship order?
To discharge a special guardianship order you will need to have the court’s permission.
A new guardianship order can also be revoked, and another will replace it if the appointed guardian doesn’t wish to continue to have parental responsibility.
To put a special guardianship order in place, appointing a lawyer is not compulsory, however we strongly advise to seek for advice before making any decision.
Grandparent custody lawyers
Child maintenance paid by the grandparents and third parties
In France, can grandparents be ordered to pay for child maintenance?
Yes!
If the child’s legal parents can’t pay for the day-to-day care of the child(ren), grandparents can be ordered to pay for child maintenance. The payment of child maintenance is therefore subsidiary.
The family court judge will fix the child maintenance amount according to:
- Grandparents’ incomes including pension (Cassation Court, 1st Civil Chamber, February 5, 1991, appeal No. 89-15.412)
- The parent’s incomes making the claim
- The expenses related to the maintenance and educational needs of the child.
In France, can family members other than grandparents be ordered to pay for child maintenance?
No!
Family members and ascendants can’t be ordered to pay for child maintenance.
However, article 1302 of the French civil code states that “every payment implies a debt: what has been paid for without being due is subject to restitution”.
Basically, it means that someone paying for child maintenance can’t get a refund. Moral commitment is here retained by the courts.
In France, can no-blood-related third parties be ordered to pay for child maintenance?
No!
Third parties can’t be ordered to pay for child maintenance.
Example: a mother who has a boyfriend or partner can’t be ordered to pay for child maintenance. However, if the household bills are shared, a judge can take this into account when fixing child maintenance payments.
Grandparents’ rights in the UK
In England and Wales, grandparents don’t have an automatic legal right to see their grandchild(ren). Especially if a parent stops the grandchild(ren) seeing them.
However, there are steps you can take to get access like informal arrangements with both parents and mediation, if these steps don’t work then grandparents can apply for a court order.
The court will decide whether or not grandparents can spend time with their grandchild(ren) based on the child(en)’s best interests.
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PacisLexis Family Law
You want to learn more about grandparents’ rights?
If you find yourself in the situation where you wonder what your chances are to get a court order to see your grandchildren, we strongly advice you to seek for a family law lawyer such as PacisLexis Family law.
PacisLexis Family Law
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