Grandparents' right to personal relationships with their grandchildren
In Belgium, Article 375bis of the Civil Code recognizes grandparents' right to maintain personal relationships with their grandchildren.
When parents and grandparents are unable to reach an agreement, the Family Court may determine how this right is to be exercised, taking exclusively the child’s best interests into account.
The right to maintain personal relationships is based on the emotional bonds between grandparents and their grandchildren, as well as the right to respect for family life guaranteed by Article 8 of the European Convention on Human Rights.
The arrangements governing visitation rights
The right to maintain personal relationships encompasses all forms of contact that may be maintained between grandparents and their grandchildren.
Depending on the circumstances and the child's best interests, it may include, in particular:
- regular visits;
- overnight stays of one or more nights;
- shared outings and activities;
- communication by telephone, videoconference, or email.
Measures that may be ordered by the court
Where the circumstances so require, the Family Court may make the right to maintain personal relationships subject to certain conditions in order to protect the child's best interests.
The court may, in particular:
- order that meetings take place at a supervised contact center or another neutral location;
- prohibit any contact between the child and one of the parents during the visits;
- prohibit the grandparents from taking the child outside the country;
- determine any other arrangements deemed necessary to protect the child.
