The Right to Maintain a Bond with Grandchildren

Being separated from one's grandchildren, often following a conflictual parental separation or family disputes, is a deeply painful experience. Italian law recognizes the irreplaceable value of the bond between grandparents and grandchildren and provides specific tools for its protection. Understanding the legal framework and the legal actions that can be taken is the first step to asserting your right to maintain a meaningful relationship with minors. As a family lawyer in Milan, lawyer Marco Bianucci assists grandparents experiencing this difficult situation, providing legal assistance aimed at protecting family affections in the preeminent interest of the child.

The Legal Framework: Article 317-bis of the Civil Code

The legal reference point is Article 317-bis of the Civil Code, which establishes the right of ascendants, and therefore grandparents, to maintain significant relationships with their minor grandchildren. This right, however, is not absolute. Its protection is always subject to a fundamental assessment: the preeminent interest of the minor. The Court, in fact, will assess whether contact with the grandparents is beneficial for the child's balanced and serene development. A conflictual relationship between grandparents and parents, for example, must not negatively impact the grandchild. The law's objective is not to impose a presence, but to ensure the minor has the opportunity to be enriched emotionally through the relationship with their entire family of origin.

When Can the Right Be Denied?

The right of visitation can be limited or denied by the judge only in the presence of circumstances that could prejudice the child's psychophysical well-being. This can happen, for example, when grandparents try to discredit parental figures in the child's eyes, when their presence is a source of severe distress for the minor, or in other situations that make the relationship concretely harmful. Each case is evaluated individually, analyzing the specific family dynamics and hearing, if they are twelve years old or deemed capable of discernment, even the minor themselves.

The Approach of the Bianucci Law Firm in Milan

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a strategy that prioritizes, where possible, the path of dialogue and mediation. The primary objective is to try to resolve family conflicts to reach a shared agreement that regulates visitation, avoiding the delays and tensions of judicial proceedings. When dialogue is not feasible, the firm acts with determination by filing a petition with the Juvenile Court. Legal action is prepared with meticulous attention, gathering all useful elements to demonstrate the positivity and importance of the grandparent-grandchild bond and its full compliance with the minor's interest. The strategy is always personalized and aims to obtain a decree that re-establishes the right of visitation within a reasonable timeframe.

Frequently Asked Questions

What should I do if parents prevent me from seeing my grandchildren?

The first step is to attempt a peaceful clarification. If this is ineffective, it is necessary to send a formal letter of formal notice through a lawyer. If this attempt also fails, the only recourse is to file a petition with the Juvenile Court, which can summon the parties and, after hearing everyone's reasons, establish the terms of visitation between grandparents and grandchildren.

How long does it take to obtain a court order?

The times can vary based on the workload of the competent Court and the complexity of the case. However, as these are matters involving minors, these proceedings often enjoy a certain priority. The judge can issue provisional and urgent measures to immediately reinstate meetings, pending a final decision.

Is the grandparents' right of visitation the same as a parent's?

No, they are two different rights in nature and scope. The right of visitation of the non-custodial parent is a duty-right linked to parental responsibility and shared parenting. The grandparents' right is autonomous but functional to the minor's serene development. Consequently, the terms and frequency of meetings are generally more limited than those of a parent.

Protect Your Bond: Contact the Firm in Milan

If you are denied the possibility of visiting your grandchildren, it is essential to act with the correct legal tools to protect such a precious relationship. Lawyer Marco Bianucci offers legal advice and assistance in Milan to assert the grandparents' right of visitation. To analyze your situation and define the most effective strategy, you can contact the Bianucci Law Firm at Via Alberto da Giussano, 26 to schedule an appointment.