The legal briefFamily · grandparents
Grandparents’ rights in France: article 371-4 of the Civil Code, family mediation and going to the family judge
In France, a child has the right to maintain personal relations with their grandparents, whether the parents live together or apart, and only the child’s interest can stand in the way (Civil Code, article 371-4). Without agreement, even after family mediation, grandparents bring a claim by writ (assignation), with a lawyer, before the family judge (juge aux affaires familiales) where the child lives. An old conflict with the parents is not enough to refuse contact unless it affects the child.
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Let’s look at your situation
Describe your ties with the child, the parents’ situation and since when the relations have been cut off.
Example questions
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Do grandparents have visiting rights in France?
The Civil Code sets out a right of the child: it has the right to maintain personal relations with its ascendants, and only its interest can prevent this (article 371-4). These relations can take the form of visiting or staying rights, whether the parents live together or apart (fiche F1223).
A third party, related or not, can also obtain relations if the child’s interest requires it, especially if they lived in a stable way with the child and one parent, provided for its education or upkeep and formed lasting emotional ties with it (article 371-4, second paragraph).
Sources: C. civ. 371-4 · Service-public F1223
What if the parents refuse all contact?
Family mediation can be tried to restore the bond and reach an agreement, drafted by the mediator; the family judge can approve it (homologation), which makes it enforceable (fiche F1223).
Without agreement, grandparents bring a claim by writ before the family judge of the tribunal judiciaire where the child lives, with a lawyer required (Code of Civil Procedure, article 760), legal aid remaining available depending on income (fiche F1223).
Sources: Service-public F1223 · CPC 760
How does the judge decide?
According to the child’s interest: the judge allows relations on the terms it sets, or refuses them. A conflict between parents and grandparents, even an old one, does not necessarily justify a refusal: it must affect the child and harm its psychological and emotional balance (fiche F1223).
A minor capable of discernment can be heard, and the hearing is of right if the minor asks for it; it does not make the minor a party to the proceedings (Civil Code, article 388-1). The judge can also allow relations with only one of the grandparents (fiche F1223).
Sources: Service-public F1223 · C. civ. 388-1
Which court if the parents are separated?
The family judge where the family lives; if the parents live apart, the judge where the parent with whom the child usually lives resides, when parental authority is shared, or where the parent exercising it alone lives (Code of Civil Procedure, article 1070).
Jurisdiction is set by the residence on the day of the claim. Since 1 July 2026, starting the case costs a €50 contribution, unless you have legal aid (General Tax Code, article 1635 bis Q).
Sources: CPC 1070 · CGI 1635 bis Q
What can the judge decide about your relations with the child?
Say who you are, the parents’ situation, your ties with the child and, if there is already a judgment, its notification date: the brief ends with its reasons. The example: a grandparent, separated parents sharing parental authority, relations cut off and a mediation that failed.
Fictional example · brief on your relations with the child
The right is the child’s: only its interest can stand in the way of your relations.
- Competent judge
- family judge
- Lawyer
- required
- Appeal
- 1 month after notification
For these reasons
In view of your answers, the Civil Code and the Code of Civil Procedure:
- Applicable law: the child has the right to relations with its ascendants, grandparents and great-grandparents alike, and only its interest can stand in the way (Civil Code, article 371-4, first paragraph).
- Ties: a break does not close the door; a conflict with the parents, even an old one, only justifies a refusal if it affects the child and harms its balance (fiche F1223).
- Procedure: as mediation did not succeed, a writ, with a lawyer required, before the family judge where the parent the child usually lives with resides (Code of Civil Procedure, article 1070); since 1 July 2026, a €50 contribution is due, unless you have legal aid.
- Hearing: if the child is capable of discernment, they can be heard, and the hearing is of right if they ask (Civil Code, article 388-1). Appeal: 1 month from the notification of the decision (Code of Civil Procedure, article 538).
Indicative analysis: the family judge decides according to the child’s interest, in view of the whole family situation.
What does article 371-4 of the Civil Code say?
The text behind a child’s relations with its grandparents and with a third party.
L’enfant a le droit d’entretenir des relations personnelles avec ses ascendants. Seul l’intérêt de l’enfant peut faire obstacle à l’exercice de ce droit.
Si tel est l’intérêt de l’enfant, le juge aux affaires familiales fixe les modalités des relations entre l’enfant et un tiers, parent ou non, en particulier lorsque ce tiers a résidé de manière stable avec lui et l’un de ses parents, a pourvu à son éducation, à son entretien ou à son installation, et a noué avec lui des liens affectifs durables.
In English, briefly (our summary, not an official translation): The child has the right to maintain personal relations with its ascendants; only the child’s interest can stand in the way. If the child’s interest requires it, the family judge sets the terms of relations between the child and a third party, related or not, in particular when that person lived in a stable way with the child and one of its parents, provided for its education, upkeep or settling in, and formed lasting emotional ties with it. Great-grandparents are ascendants too: the first paragraph covers them.
Which steps to obtain relations with the child?
From an amicable agreement to an appeal, the procedural rules and their costs.
| Step | Rule | Text |
|---|---|---|
| Amicable agreement | Family mediation, agreement the judge can approve | Fiche F1223 |
| Going to court | Writ before the family judge, lawyer required | Art. 760 CPC; fiche F1223 |
| Competent court | Where the family lives, or the parent the child lives with | Art. 1070 CPC |
| Cost of the case | €50 contribution, unless you have legal aid | Art. 1635 bis Q CGI |
| Hearing the child | Of right if the child asks and has discernment | Art. 388-1 Civil Code |
| Appeal | 1 month, moved to the next working day after a Saturday, Sunday or public holiday | Art. 538, 641 and 642 CPC |
| Appeal stamp | €225 for the appellant and for the respondent, unless legal aid | Fiche F33227 |
A grandparent’s claim is brought by writ, drafted by the lawyer (fiche F1223).
Sources: Service-public F1223 · CPC 760 · CPC 1070 · CGI 1635 bis Q · C. civ. 388-1 · CPC 538 · Service-public F33227
What do grandparents kept from their grandchildren ask?
Does the law set how often visits happen?
No: the family judge sets the terms of the relations, visiting or staying rights, according to the child’s interest (Civil Code, article 371-4; fiche F1223).
Do you have to wait before going to the judge?
No minimum period is set: fiche F1223 presents family mediation as an amicable route to try, whose agreement the judge can approve.
Can you go to the judge without a lawyer?
No: grandparents proceed by writ and a lawyer is required (Code of Civil Procedure, article 760; fiche F1223), with legal aid if income allows.
Do great-grandparents have the same rights?
Yes: article 371-4 covers ascendants, great-grandparents included; only the child’s interest can stand in the way of their relations.
How long do you have to appeal?
1 month in contested matters (Code of Civil Procedure, article 538), from notification; the appeal stamp costs €225 for each party, unless legal aid (fiche F33227).
Which texts and fiches is this brief based on?
- Civil Code, article 371-4 (the child’s relations with its ascendants)Légifrance, in French
- A child’s relations with grandparents, siblings or a third party (fiche F1223)Service-public.fr, in French · checked by the publisher on 22 July 2025
- Code of Civil Procedure, article 760 (lawyer required)Légifrance, in French
- Civil Code, article 388-1 (hearing the child)Légifrance, in French
- Code of Civil Procedure, article 1070 (competent judge)Légifrance, in French
- General Tax Code, article 1635 bis Q (€50 contribution)Légifrance, in French
- Code of Civil Procedure, article 538 (time limit to appeal)Légifrance, in French
- Tax stamp for civil proceedings (fiche F33227)Service-public.fr, in French · checked by the publisher on 10 April 2026
- Code of Civil Procedure, article 641 (periods in months)Légifrance, in French
- Code of Civil Procedure, article 642 (move to the next working day)Légifrance, in French
Texts cited last checked: 26 September 2026