Contact with grandparents

01When the court sets contact arrangements

The court may also set contact arrangements between a child and close persons – typically grandparents or siblings – where this is necessary in the child's interest and the family circumstances require it (Section 25(5) of the Family Act – zákon o rodine, Act No. 36/2005 Coll.).

The law does not require the parents' consent as a condition. What matters is whether contact will benefit the child – not the dispute between the adults.

02What the court considers

• the relationship the child has with the grandparents and how often they have met so far,
• the child's age and needs,
• the child's views – the court gives them due weight according to the child's age and maturity,
• whether contact would draw the child into the conflict between the parents and the grandparents.

Where this is necessary in the child's interest, the court may also restrict contact and, if that is not sufficient, prohibit it.

03How to proceed

1. Try to reach an agreement – a regular and predictable schedule of meetings is best for both the child and the parents.
2. Consider mediation – it helps where the family has stopped talking. More on the page Mediation or court.
3. Turn to the court – the court may open proceedings on contact with a minor even without a petition, and anyone, including grandparents, may bring the matter to its attention. The proceedings are exempt from court fees.

04When contact is not respected

If a parent obstructs contact set by the court, the court may order enforcement of the decision – on application or of its own motion (Section 370 et seq. of the Civil Non-Contentious Procedure Code – Civilný mimosporový poriadok, CMP):

• it will call on the obliged parent to comply with the decision and warn them of the consequences,
• it will ask the child protection authority for assistance or order attendance with a mediator,
• it will impose a fine of up to €1,000, repeatedly if necessary,
• it may decide to stop payment of the parental allowance and child benefit,
• as a last resort, the court may have the child removed and handed over to the person entitled to contact.

If enforcement would seriously endanger the child's life, health or healthy development, the court will postpone it.

05Frequently asked questions

Do grandparents have a right to see their grandchild?

A court may set contact arrangements between a child and the grandparents or other close persons where this is necessary in the child's interest and the family circumstances require it.

Do the parents have to agree?

No. The law does not list the parents' consent as a condition. The court considers above all the interest of the child.

How can grandparents turn to the court?

The court may open proceedings on contact with a minor even without a petition, and anyone may bring the matter to its attention. Grandparents can therefore approach the court directly. The proceedings are exempt from court fees.

What if a parent does not respect contact set by the court?

The court may order enforcement of the decision: it will call on the obliged parent to comply, may order attendance with a mediator, impose a fine of up to €1,000, repeatedly if necessary, stop payment of the parental allowance and child benefit and, as a last resort, have the child removed and handed over.

Can the court restrict grandparents' contact?

Yes. Where this is necessary in the child's interest, the court may restrict contact and, if that is not sufficient, even prohibit it.