Grandparents' visitation and access rights in Luxembourg

A ruling by the European Court of Justice in 2018 recognised that the rights of access to children extend to grandparents. It strengthens grandparents' rights to maintain contact with their grandchildren, even in cases involving estrangement or cross-border complexities.

The decision emphasised the importance of the relationship between grandparents and their grandchildren and establishes that grandparents can request enforceable rights to maintain contact. It also highlights the child’s best interests as a priority, reinforcing the idea that maintaining family connections is beneficial for the child’s development.

“While Luxembourg law acknowledges the important role of grandparents in a child’s life, decisions on enforcement, recognition, or denial of access will always consider the child's emotional, psychological, and physical well-being as the central concern”, says Olivier Wies, Litigation Lawyer.

Wies, a lawyer at Wies Law in Luxembourg City, advises national and international clients and has experience in cross-border family litigation. He stresses that each case is unique and will always be considered on an individual basis, with the child’s best interests as the focus.

Grandparents' rights

Under Luxembourg law, grandparents have the right to seek contact or visitation rights with their grandchildren, even in cases of estrangement. Grandparents have the legal right to maintain personal relationships with their grandchildren, although the best interests of the child are of paramount concern and a ruling will always be made in respect of this.

“When disputes arise regarding access, grandparents can petition to the family court to establish visitation rights. The court assesses each case individually, considering factors such as the emotional bond between the child and the grandparent, the child's age, and any potential impact on the child's well-being. Mediation is often encouraged to resolve these disputes amicably before resorting to litigation”, Olivier explains.

Requesting visitation as a grandparent

The process must be initiated by filing a formal application with the Family Court (Juge aux affaires familiales). In their application, grandparents need to provide evidence of their relationship with the grandchild, the nature of the estrangement, and demonstrate how continued contact would serve the child’s welfare.

“Once the request is filed, the court will examine the case in detail, considering factors such as the child's best interests and the objections of the parents, who generally hold parental authority”, Wies explains.

The court may also hear the child’s opinion if they are mature enough. The court can appoint experts or social workers to assess family dynamics and evaluate the potential impact of visitation on the child.

Failure to comply

If the court grants visitation rights but the parents fail to comply, grandparents can enforce the decision by first notifying the parents of their obligation to adhere to the court order. If non-compliance continues, they may initiate enforcement proceedings before the Family Court, which can impose penalties or fines.

Courts often mediate to protect the child from stress, with mediation typically costing the non-compliant parent. If mediation fails, legal representation can help grandparents navigate the process.

“Mediation can be an effective way to avoid lengthy legal battles while prioritising the child’s welfare”, says Wies.

Luxembourg law provides civil remedies, including financial penalties, for non-compliance, and repeated refusals may affect parental authority. "Criminal remedies are also available, as non-compliance constitutes the offense of non-representation of a child, punishable by fines or imprisonment", explains Wies.

Parents can also oppose the recognition or enforcement of access rights on grounds such as conflicts with public policy or procedural violations. For grandparents outside the EU, the process may be more complex, as they must navigate foreign court order recognition and prove compliance with Luxembourg’s legal standards, potentially delaying enforcement.

Typical outcomes

Outcomes vary depending on the circumstances. Courts often grant visitation rights if the grandparents can demonstrate a strong and positive bond with the child. In contentious cases, supervised visitation may be ordered.

“If the court finds that visitation could be detrimental to the child, the request may be denied”, Wies explains.

Cross-border complexities

Grandparents residing outside the EU must request an exequatur to have foreign judgments recognised in Luxembourg. For EU-based grandparents, decisions are automatically recognised, though they must still be declared enforceable by Luxembourg courts.

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Children's well-being comes first: divorce, parental authority, and role of a family judge in Luxembourg