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What legal rights grandparents and grandchildren possess to continue to see each other, when family relations are disrupted due to a divorce or family dispute? The TV programme Hollandse Zaken devoted a broadcast to a problem that would affect 'tens of thousands of grandparents'. Dr. Merel Jonker, connected to the Utrecht Centre for European Research into Family Law (part of the Molengraaff Institute for Private Law), participated as an expert.

Jonker specifies that there is no formal right for grandparents to see their grandchildren: "Our legislation has since long included the right of a child to be in contact with whom he or she has a 'close relationship'." This fairly broad formulation, Jonker believes, has the advantage that a wide range of people can be included in such a relationship, but at the same time it has the disadvantage that the requirements set by the judge in this regard are quite high in practice. According to jurisprudence, the legally required nature of such a relationship comprises more than the usual contacts between grandparents and grandchildren, for instance that they have taken care of the children for a longer period of time. 

To our government, I would like to say: don't change the law, but invest in good mediation

In a reaction, the Ministry of Justice states that it is currently working on a 'threshold reduction for grandparental access requests', for which a bill will be submitted for consultation during the course of this year. Jonker believes it is especially important that judges start interpreting the current law differently. Because, if the threshold for what is meant by personal relationships is lowered, and moves towards customary contacts, grandparents will have a stronger legal position. Therefore, she does not consider a change in the law necessary. She also advises the government to invest in good mediation, because she suspects that the drastic option of a court procedure will then be less necessary.

Finally, Jonker points out that the subject is still too much of a taboo subject. According to her, it is necessary that professionals become more familiar with the issue. "The shame among grandparents is about what outsiders will think when they are no longer allowed to see their grandchildren. I hope grandparents will be more open. It is also good for the grandchildren to hear their side of the story."