Application for grandparent access rights to be easier
The application process for grandparent access rights to a grandchild when parents are nor cooperative will be easier from now. The Minister for Legal Protection Franc Weerwind has sent a bill on grandparent access rights to their grandchildren to the House of Representatives after a positive advice from the Council of State.
When grandparents wish to see their grandchild, they can now go to court over it. The grandparents currently still have to be able to prove that the contact with their grandchild used to be intensive. This is also referred to as a ‘close personal relationship’. In the future that will no longer be necessary. The court will thus be able to immediately focus on whether an access arrangement is in the best interest of the (grand(child).
When grandparents wish to see their grandchild, they can now go to court over it. The grandparents currently still have to be able to prove that the contact with their grandchild used to be intensive. This is also referred to as a ‘close personal relationship’. In the future that will no longer be necessary. The court will thus be able to immediately focus on whether an access arrangement is in the best interest of the (grand(child).
Grandparents have an important role
Research shows that grandparents currently are sometimes unable to apply for an access arrangement, whereas they may have a very important role to play. To many children granddad and grandma are a peaceful beacon and they provide distraction for example in the case of a divorce.
“Both grandchildren and grandparents lose out tremendously when the contacts stop against their will. It leads to many sad situations and may harm the child’s development. Therefore, it is important to amend the law in this respect,”,
Minister Weerwind argues.
The child’s best interest to come first
When determining an access arrangement, the court first sees if it is in the child’s best interest. That has not changed. The access may also consist of calling granddad or grandma or of a limited access arrangement when that is better for the child.
When the bill is taking effect depends on when the bill will be discussed in the House of Representatives and the Senate. When granddads and grandmas are actually able to rely on the new arrangement will depend on that and may therefore still take some time.
Originally published at https://www.government.nl/latest/news/2023/05/25/application-for-grandparent-access-rights-to-be-easier
