The judgment of 20 September 2016 (judgment number 551/2016) recognises the right of a grandmother to visit her grandchildren despite the opposition of her daughter and the difficult relationship with the parents of the minors.
The high court understands that, in view of the technical reports issued by both the psychologist and the social worker, the fact that the grandmother can meet with her granddaughters for two hours a month is not detrimental to them, but quite the opposite.
Case history
The grandmother filed a lawsuit against her daughter, demanding job seekers database that she be granted the right to visit her grandchildren, since she had stopped seeing them due to the complaint she filed against her son-in-law for sexually abusing the girls. The complaint was dismissed.
At first, the court decided to reject the visitation regime due to the conflict between the parties and the opposition of the parents. An appeal was filed and the Provincial Court of Valencia declared that the grandmother could visit the minors for two hours on the first Saturday of each month at the Family Meeting Point.
The Court held that the meetings between the minors and their grandmother were beneficial and did not have a negative impact on them.
Interest of the minor
The Civil Division of the Supreme Court considers that the children's meetings with their grandmother are not against the interests of the minors. Psychosocial reports consider the establishment of a visiting regime with the grandmother to be beneficial for the children.
Likewise, article 160.2 CC allows the denial of relations between a grandchild and his grandparents when there is just cause, and in this case there is none .
Article 160.2 CC The personal relationships of the minor with his siblings, grandparents and other relatives and friends may not be prevented without just cause.
Failure of the judgment
The Supreme Court dismissed the appeal: "the appeal must be dismissed because in no way can it be understood that the resumption of a minimal relationship between grandmother and grandchildren - two hours a month at the meeting point - can be considered in principle harmful to the minors, but rather the opposite according to the technical report referred to, without prejudice to the necessary control over the evolution of the new situation created."