The Value of the Bond Between Grandparents and Grandchildren

The emotional bond between grandparents and grandchildren represents a priceless heritage, not only for the emotional growth of the child but for the entire family balance. However, following separations, divorces, or family disputes, this relationship can be put at risk, causing deep suffering. Understanding that Italian law protects this bond is the first step to taking action. As a family lawyer in Milan, lawyer Marco Bianucci addresses these delicate situations with the aim of preserving affective continuity, always respecting the child's best interests.

What the Law Provides: Article 317-bis of the Civil Code

The normative reference point for the protection of the relationship between grandparents and grandchildren is Article 317-bis of the Civil Code. This rule establishes the right of ascendants, and therefore grandparents, to maintain significant relationships with their minor grandchildren. This is not an absolute right, but a right that finds its foundation and its limit in the preeminent interest of the minor. This means that the judge, in case of conflict, will evaluate each specific situation to determine if contact with grandparents is beneficial for the psycho-physical growth of the grandchild. The law, therefore, does not protect the interest of the grandparent in itself, but the child's right to benefit from the relationship with the grandparent figure, considered a fundamental affective and formative resource.

The Approach of the Bianucci Law Firm in Milan

Addressing a dispute related to the right of visitation with grandchildren requires not only legal expertise but also profound sensitivity. The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a strategic and personalized analysis of the case. The first objective is always to explore a conciliatory solution, seeking to mediate between the parties to re-establish constructive dialogue. When dialogue is not possible, a petition is filed with the competent Court. In this phase, it is crucial to present the judge with a complete picture of the situation, demonstrating with concrete evidence the positivity and importance of the grandparent-grandchild bond and the absence of any prejudice to the child. The strategy focuses on protecting the child, the true protagonist of the matter.

Frequently Asked Questions

What to do if parents prevent grandparents from seeing their grandchildren?

If dialogue proves fruitless, grandparents can file a petition with the Juvenile Court of the child's place of residence. Through this procedure, the judge is asked to establish the terms of contact, which may include periodic meetings, overnight stays, or telephone contact. It is essential to be assisted by a lawyer to correctly formulate the petition and represent one's reasons in court.

When can grandparents lose the right to see their grandchildren?

The right of grandparents is not unconditional. It can be limited or denied by the judge if the relationship with the grandparents is deemed detrimental to the minor. This can happen, for example, in cases of extreme conflict where grandparents tend to denigrate parental figures, or in the presence of behavior by grandparents that could disturb the child's balance and serenity. The evaluation is always based on the sole interest of the grandchild.

Is the grandchild's opinion heard by the judge?

Yes, the law provides for the hearing of a minor who has reached the age of twelve or even younger if capable of discernment. The child's opinion is not binding on the judge, but it is a very important element in their final decision. The judge will carefully consider the child's statements to understand their real desires and emotional needs.

Case Evaluation at the Bianucci Law Firm

Every family dynamic is unique and deserves careful and in-depth analysis. If your right to maintain a peaceful and continuous relationship with your grandchildren is being obstructed, it is important to act with awareness and with the right legal support. For an evaluation of your case, you can contact the Bianucci Law Firm in Milan. Lawyer Marco Bianucci, with consolidated experience as a family lawyer, will provide you with a clear opinion on the actions that can be taken to protect your dearest loved ones.