Do grandparents have the right to see their nephew alone, even without parents? Here is what the Court of Cassation replied

Dear lawyer,

We are grandparents of an 8 -year -old nephew, Luca, of whom we have always dealt with love so far helping parents in the care of the child. Our son and wife separated a year ago and she moved with our nephew to another city.

Our daughter -in -law does not allow us to be with Luca alone, but would like us to see him only in the times of attendance of our son. Except that, our son travels a lot for work and we don’t want to remove our nephew the already little time he has to be with his father.

We also asked to make video calls with our nephew, in order not to lose the passages of her growth, but the mother hinders our relationship with Luca. We are very sad and anguished for Luca, who is very tied to us and always asks us “grandparents, but why don’t we see each other more as before?”.

Michelangelo and Ida

Dear Michelangelo and Ida,

I only publish a part of your long and heartfelt letter, which has moved me very much and that prompted me to answer you as soon as possible.

I want to give you good news immediately. The Court of Cassationwith pronunciation n. 6658 of 5 February 2025, said the right of grandparents to attend grandchildren alonenamely without the presence of parents.

In particular, the Court of Cassation canceled the sentence of the Court of Appeal of Genoa who, in a separation, despite having ascertained that it was the interest of the minor to attend paternal grandparents, had not established that the meetings between grandparents and nephew could happen even without the presence of the father, despite the serious and ascertained conflict between the parents – as well as between the father and the paternal grandparents – and the geographical distance between the respective houses.

According to the Court of Cassation, in fact, when the family situation is conflicting or in any case it is complicated and is such as to prevent the management of the meetings between grandparents and grandchildren by the parents, The judge must regulate clearly and the autonomous frequentations between the grandchildren and the ascendants are balancedin the exclusive interest of minors.

Obviously, all this applies if the judge believes that it is the interest of the minor to attend grandparents.

On the topic, it remains as far as Already mentioned in the past by the Court of Cassation, namely that the right of grandparents to maintain significant relationships with the minor grandchildren, provided for by article 317-encore of the Civil Code, has no unconditional characterbut is subject to the evaluation of the judge about the existence of the exclusive interest of the minor.

When parents contest the right of grandparents to maintain these relationships, the interest of minors can only be proven if “The involvement of the ascendants is substantiated in a fruitful cooperation with the parents for the fulfillment of their educational obligations, in order to contribute to the realization of an educational and training project aimed at ensuring a healthy and balanced development of the personality of the minor“.

In other words, The right of grandparents to preserve significant relationships with grandchildren is always functional to the interest of minorstheir development and education, and presupposes a positive, rewarding and satisfactory relationship for each of them.

The judge it cannot be limited to highlighting the absence of prejudice for the child, but must ascertain the precise advantage that can derive from the same from the participation of the grandparents to the educational project which concerns him, without imposing any attendance against the express will of the grandchildren who have turned twelve or even after the age of age if they are quite mature.

In your case, from what you write to me, I believe that all the requirements identified by the jurisprudence are met, as your relationship with Luca has always been positive and rewarding for the child and for you and, above all, you, up to the separation of your child, You took care of Luca and you participated in his training and educational project with the consent of both parents who, During their marriage, they entrusted it to you with constant programmaticity.

Furthermore, I seem to understand from your letter that Luca’s current opposition is not based on precise criticisms towards you, but instead dictated by the grudge and anger for the separation by your child.

It should be considered, then, that Luca constantly asks to spend more time with you and makes your life in his life, expressing him clearly as many times that he has the opportunity to feel. There is no doubt that it would be Luca’s interest to see you more and that this right cannot be completely made in the limited time in which the child is entrusted to the father.

For these reasons, You can independently ask the judge to have your own visit calendar, which of course take into account Luca’s life with each parent, of his school and extracurricular commitments, of the distance between your homes and any other circumstances. It is important that you know that the judge, in order to have useful elements for the decision, could use social services or appoint an expert (a psychologist or a psychiatrist), who suggests the best solution to the court in the interest of your granddaughter.

Dear Ida and Michele, I wish you to get the place that Luca deserves that you have in her life, reminding you that you are the custodians of family history, handed down memories and traditions and allow you to know your roots in this way and build its identity in the family and in the world.

The emotion of my grandfather when he recited the “Orlando Furioso” inspired me strongly in putting passion in everything I do, as well as the knitting and crochet work of my grandmother taught me to always complete what I started.