Jakob Weinrich, LL.M. - Your lawyer in Vienna.

Do grandparents have a right of contact?

The relationship between grandparents and grandchildren is often very special. Especially now over the Christmas holidays, one looks forward to a contemplative time together. But what happens if the parents forbid contact with the grandchildren? Do grandparents have any right to contact their grandchildren at all? What options are there for taking action?

In addition to the child's parents, third parties may also be granted a right of contact with the children. Grandparents therefore also have a fundamental right to contact with their grandchildren. This is governed by Section 188 of the Austrian Civil Code, which applies the provisions on the parents' right of contact mutatis mutandis. There is therefore also a right to regular personal contact that meets the needs of the grandchildren.
The decisive factor for the grandparents' right of contact and its granting is the best interests of the child, i.e. the physical, mental and emotional well-being of your grandchild. Family love, care and the provision of security are the key factors for the realization of the best interests of the child.

However, the right of contact can also be restricted or even completely prohibited. The latter is the case if the family life of the parents (or one parent) or the relationship with the children is disturbed by the contact of the grandparents.

The assessment of whether such a disturbance exists must be made on a case-by-case basis and on the basis of an objective standard. For a disturbance to exist, the family tensions must be so great that the calm development of the child is impaired. A mere negative attitude of the parents towards the right of contact is therefore not sufficient to deny contact. Incidentally, this also applies to great-grandparents; the case law applies these rules analogously here.

Therefore, if you are denied the right to see your grandchildren, it is possible to obtain a right of contact. For this purpose, an application for the granting of contact must be filed with the court.

Contact us - We will be very happy to assist you in enforcing your right of contact and advise you on all related legal issues.