Are you worried about not being able to see your grandchild, whether because of his or her parents’ divorce or complicated family relationships? In this article, we will advise you on the rights of grandparents to see their grandchild and what can be done in this situation before you go to court.
Grandparents can apply for contact with a grandchild in 2026 if there is a genuine emotional relationship between them and the child and if breaking contact would be detrimental to the child. However, this is not an automatic right to visitation at the grandparent’s request. The court will always look at the best interests of the child, the existing relationship, the grandparent’s ability to respect the parent and whether the dispute can be resolved by agreement. It usually makes sense to try conciliation, mediation, possibly consulting a solicitor and contacting the OSPOD before taking the matter to court.
Unfortunately, it is not entirely uncommon for relationships within the wider family to be adversely affected following a separation or divorce of parents. If the parents cannot agree on the care of the children together, the court must decide. The court usually decides only about the parents, although even in making this decision it should take into account the child’s close ties to whom the judgment should not break.
The Civil Code states:
“Persons related to the child, whether close or distant, as well as persons socially close to the child, have the right to have contact with the child if the child has an emotional relationship with them that is not merely transitory and if it is clear that the lack of contact with these persons would be detrimental to the child. The child shall also have the right to have contact with such persons if they consent to such contact.”
In addition to grandparents, this can be siblings or other (not only) relatives with whom the child grew up or spent a lot of time, for example.
We wrote about what you can do if your children don’t treat you with respect in a previous article.
Ideally, the parents will agree on the child’s contact with other relatives. Some post-divorce families observe that on days when the child is with the mother, she sees her side of the family and the same applies to the father’s family. However, when an arrangement is not possible, the grandparents have the right to go to court and ask the court to order contact with the grandchild.
Mrs. Novak had been regularly caring for her six-year-old granddaughter for several years. She picked her up from kindergarten, stayed with her every other weekend and they spent part of their holidays together. However, after her parents separated, relations in the family escalated and her mother cut off contact from one day to the next. The client felt that nothing could be done without immediate legal action. We first went over with her what was really relevant to any litigation: reports with the parents, photographs, proof of custody and, most importantly, a concrete proposal for a reasonable contact arrangement.
We drafted a pre-suit notice in which we built the dispute on the child’s best interests, not on the remorse between the adults. At the same time, we recommended that mediation be involved. The result was not an immediate restoration of the original scope, but a gradual agreement: regular weekend contact once a month, video calls and part of the summer holidays. This was quicker, cheaper and considerably less costly for the client than a heated court case for her granddaughter.
If you are looking for advice or have already committed to legal action, it is best to contact an experienced attorney. Thanks to him, you will have a guarantee that you will not overlook what is most important for the child because of the heated emotions.
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A grandparent who files a petition with the court to modify contact with a grandchild must prove, first of all, that there is a family connection (i.e. that he or she is the child’s grandparent), that he or she and the child have an emotional attachment to each other, and, in short, that it is in the best interests of the child to order contact.
The grandparent will also have to prove to the court that they are able to care for the child and that they will have a positive influence on the grandchild through their care. Sometimes the emotional ties between the grandparents and the grandchild are broken because the parent has prevented them from seeing the grandchild for a long time. In this case, the court will examine whether the ties can be restored.
On the practical side of things, if there is a court case, expect that the judge will want to question you and the parents, witnesses may be questioned and in some cases expert evidence may also be ordered. Depending on the age of the child, the judge should also try to get the child’s opinion on the matter.
“The negative side of the solution in court is the launching of an unpleasant machinery of witness testimonies, expert psychological opinions, and the involvement of the Department of Social Welfare. As with divorce, my advice is that a settlement is the best solution.”
Read an article discussing what it’s like to have children in a divorce.
So far, we have focused mainly on the rights of grandparents to have access to their grandchildren. Every grandparent should take into account that he or she also has obligations towards the grandchildren. One of the most important duties is the duty of maintenance. All ancestors and descendants have what is known as a reciprocal maintenance obligation. For grandparents, however, this obligation only comes into play when the parents are unable to provide for it. If the parents are temporarily or permanently unable to care for the child, the grandparents or other relatives are obliged to support the child. The next of kin is always the next in line to help.
If there has been a court order for grandparents to have contact with their grandchild, a number of obligations arise for the grandparents from the judgment. The grandparent should:
Unfortunately, if the family situation is tense and everything is resolved by the court, the agreement between the relatives is often difficult. Nevertheless, the grandparent should try to reason with the parents. For example, if a child is injured during a visit, he or she should inform them. Similarly, they should give early notice if they cannot collect the child at the appointed time. The courts will also take into account how each family member communicates and whether they happen to prevent the grandchild from seeing the grandparent.
Find out what the conditions for foster care are and under what circumstances you can become a foster parent or guardian.
While a court judgment will often ensure that a grandparent can see his or her grandchild, it often inflames emotions in the family even more. So it is only a half-hearted victory. So sometimes it is preferable to look for alternative routes, perhaps through family mediation, and try to restore good family relations in the first place.
Whether you are in a situation where you are unhappy with how your contact with your grandchild is going but are not yet sure how to proceed, or you are already in the middle of court proceedings, we are always ready to discuss the situation with you, provide legal advice and recommend the most appropriate course of action.
A grandparent can legally address contact with a grandchild in 2026, but does not assert visitation rights. Indeed, the child is always the decisive factor: his or her relationships, stability, security and the real benefit of contact. The better you can demonstrate that there was a strong bond between you and the grandchild and that you acted calmly, predictably and with respect for the parents, the better your case has a chance. In appropriate cases, agreement or mediation can help, but in other cases, the OSPOD and the court are needed. The most common mistake is to handle the dispute emotionally and without evidence from the start. A well-prepared procedure is often decisive in similar family cases.
No. It must be a genuine relationship with the child and the contact must be in the child’s best interests.
First try an agreement, then a written notice, mediation or the OSPOD. The last resort is a court application.
It depends on the age and maturity of the child. The court should ascertain his/her opinion sensitively and reasonably in the circumstances.
It can help to navigate the child’s situation and the next course of action if the matter affects the child’s best interests. Social protection services are free of charge.
Mainly communication with parents, photographs, witnesses, evidence of babysitting, joint activities and a specific proposal for the extent of contact.
It depends on the court, the complexity of the family situation and the extent of the evidence. An out-of-court settlement is usually much quicker.
Yes, but it’s more complicated than that. You need to explain why the break happened and why it is still in the child’s best interest to resume contact.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Lucie understands the legal profession like few others, and she defends the interests of her clients both inside and outside the courtroom. Lucie has won hundreds of disputes, and her role on our team is to ensure the smooth and effiecient transfer of real properties. She is also experienced in both civil law and family law.
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