when abusive grandparents claim visitation rights

Many of us have images of caring and loving grandparents in our minds. Unfortunately, this is not always the case, details Marie Claire, Friday, December 2, which collected many testimonies on this subject. As our colleagues remind us, who rely on the law, article 371-4 of the Civil Code guarantees every child “relations with his ancestors”. Problem, when these are abusive grandparents – and sometimes even abusers – who use this article as a means of pressure against their own children, sometimes entire families suffer.

Among the testimonies collected by the magazine, we find that of Marine and Frédéric, who are the parents of two children. The dad explains that he was psychologically persecuted by his father and mother. Problem, the day when Marine became pregnant for the first time, her in-laws signified their desire to be linked to this unborn baby. In response, the couple have planned a schedule of visits, in an informal setting, to try to ensure this link between grandparents and grandchildren. But very quickly, the situation escalated, because Frederic’s parents had certain demands. After identifying of the “inappropriate and disturbing behavior”, Marine and Frédéric have decided to put the kibosh. Immediately, they heard each other say: “We are grandparents, we have rights.”

“We have rights”: when the law reactivates conflicts

In the columns of Marie ClaireMaître Marie-Hélène Mathioudakis, a lawyer specializing in criminal law and family law, spoke about French law in this area. “Indeed, there are rights. In particular provided for by article 371-4detailed the magistrate. But this provides that only the interest of the child prevails.” The specialist then clarifies that “in some cases”this article sometimes becomes “a pretext to (re)activate conflicts or add pressure to parents“. Enough to make them suffer, but also their children…