Traditionally, grandparents have been seen as important figures in children's lives, often as a source of support, stability, and love. However, when familial relationships become strained, especially following divorce or separation, the bond between grandparents and grandchildren can be limited or prevented altogether. Recognizing the significance of this relationship, the Czech Civil Code offers a legal framework to protect and preserve the connection between grandparents and their grandchildren under Section 927.
According to this section of the Civil Code, grandparents, as well as other persons close to the child, have the right to have contact with the child if it is in the child's best interests. The law thus recognises the importance of grandparents in the child's life, but also provides that these rights are not absolute. In any event, the best interests of the child are the priority, and courts are obliged to take into account in particular whether contact with the grandparents is likely to benefit the child.
If grandparents find themselves in a situation where their rights of access to their grandchildren are being denied, it is important to be thoughtful. Before resorting to legal action, it is advisable for grandparents to attempt to resolve the issue amicably with the parents, as open and empathetic communication can often avoid unnecessary litigation.
Only if communication fails, it is advisable to seek legal advice. An attorney who specializes in family law can help prepare a court petition and argue in favour of the grandparents' rights. The petition must clearly outline the reasons for seeking contact, the nature of the relationship with the grandchild, and any attempts made to resolve the issue out of court.
The court will then evaluate the petition, focusing on the best interests of the child. This evaluation may include interviews with the child, parents, and grandparents, as well as expert opinions from psychologists or social workers. Based on the evidence and testimonies, the court will rule a decision. If it is deemed that maintaining a relationship with the grandparents serves the child’s best interests, the court will grant visitation rights or other forms of contact.
The inclusion of Section 927 in the Czech Civil Code reflects a recognition of the vital role grandparents can play in the lives of their grandchildren. However, a key factor in the courts' decision-making is always the "best interests of the child."
For grandparents seeking to maintain or restore their connection with their grandchildren, understanding the legal framework and approaching the process with care and respect for all involved parties is crucial. If you need guidance in this field to find the best solution for you and your child or grandchild, do not hesitate to contact us at info@expatlaw.cz.