Do grandparents have the right to spend time with their grandchildren? What does the law say?

When the relationship between adults deteriorates, children often end up losing contact with one side of their family, raising a question that is increasingly being brought before the courts: can parents prevent such contact?

The answer is clear: not always. Article 1887-A of the Portuguese Civil Code provides that parents may not unjustifiably deprive their children of contact with their siblings and ascendants. The law recognises that the relationship between grandparents and grandchildren plays an important role in a child’s emotional development and therefore deserves legal protection.

Portuguese case law has consistently recognised that grandparents may seek judicial protection of their right to maintain a personal and direct relationship with their grandchildren whenever such contact is interrupted without sufficient justification.

What can grandparents do?

When dialogue with the parents does not lead to the restoration of contact, grandparents may apply to the court through a common guardianship proceeding (ação tutelar comum), requesting that arrangements for contact be established.

If proceedings concerning the exercise of parental responsibilities between the parents are already underway, this issue may also be considered within those proceedings, allowing the court, where appropriate, to establish arrangements for visits or other forms of contact between grandparents and grandchildren.

The right is not absolute

The fact that the law protects this relationship does not mean that grandparents automatically have a right to visits.

In every case, the court’s primary consideration is the best interests of the child. Where circumstances exist that may jeopardise the child’s well-being, contact may be restricted or even refused.

Factors that may justify such a decision include situations involving domestic violence, alcohol or drug addiction, abuse, neglect, conduct that may compromise the child’s safety, or serious and persistent interference with the relationship between the parents and the child.

How are contact arrangements determined?

The law does not establish a single model.

Every family has its own particular circumstances and it is therefore for the court to determine how contact should take place. The court’s decision may provide for in-person visits, weekends, holidays, overnight stays, or even contact by telephone or video call, taking into account the child’s age, the relationship previously established between the grandparents and the child, and the specific circumstances of the case.

The focus is always on the child

Rather than simply recognising rights of adults, the law seeks to protect children’s emotional stability and preserve family relationships that may contribute to their healthy development.

Whenever the separation between grandparents and grandchildren results solely from conflicts between adults, there is a legal mechanism that allows the court to assess the situation and seek a balanced solution.

Naturally, each case will have its own particular circumstances, but the underlying principle remains the same: contact between grandparents and grandchildren is a legally protected interest and may only be restricted where there are objective reasons demonstrating that such a restriction is in the child’s best interests.