Establishment of Contacts between Grandparents and Minor Grandchildren in the Practice of Polish Courts

Abstract

This article concerns contacts of grandparents with minor grandchildren (Art. 1136 of the Family and Guardianship Code); the related problems are presented against the backdrop of social and pedagogical aspects of intergenerational bonds. The author presents the thesis that contacts between grandparents and minor grandchildren should be perceived not only as a right, but also as a duty of the parties, though having a lesser intensity than the similar relationship between parents and their minor children. In case of a conflict between the standpoints of parents and children concerning contacts with grandparents, the primary duty of minor children is that of obedience towards parents, which takes precedence over the duty of contact with grandparents. Yet parents should exercise parental authority in such a way so as to avoid creating conflicts of loyalty on the children’s part. Moreover, they should take steps to enable their children to discharge their legal duties, established in the minors’ interest. The article also presents the basic findings from a study of court files in cases relating to grandparents’ applications for establishment of their contacts with minor grandchildren.