The Rights of Grandparents and their legal Duties towards Grandchildren in Italy

As is universally recognised, grandparents are fundamental figures in the lives of children, not only for their balanced and harmonious development but also for the support they provide to parents, which is why their role is now recognised at a legislative level.

Nevertheless, conflicts can arise within the family, leading parents to prevent grandparents from maintaining regular contact with their grandchildren, thereby causing distress to the grandparents and to the minors involved. The children, through no fault or choice of their own, find themselves deprived of figures who have always been an important point of reference for them providing love and guidance in their lives.

The Legislation

The legislator has addressed this issue by reforming family law and introducing significant changes, not only regarding relationships between parents and children, but also between grandparents and grandchildren. The Legislative Decree No. 154 of 28 December 2013, enshrining two fundamental principles introduced in respect of the main rights and duties of grandparents in relation to their grandchildren:

Under Article 317 bis of the Civil Code, the legislator has recognised grandparents' right to maintain meaningful relationships with their minor grandchildren;  under Article 316 bis of the Civil Code, the legislator has established a specific financial maintenance obligation for grandparents, in cases where the parents lack sufficient means to provide for their children.

Grandparents' Right to Visit

Article 317 bis of the Civil Code, defines the grandparents legal right to visit their grandchildren, the law protects and extends the right of both parties to maintain meaningful relationships between them.

However, this right is not without limits, as it must be exercised in accordance with the best interests of the children. Children over the age of twelve or those who have demonstrated sufficient maturity to provide a considered opinion, have the right to express their wishes in connection with this right.

The grandparents' right to access to their grandchildren can only be restricted in cases where the best interests of the child—such as their balanced and harmonious development—are at stake, not merely because of parental "spite" towards the grandparents.

On this particular point, the Court of Cassation has also ruled, that the right of grandparents to visit their grandchildren must be upheld as long as the relationship benefits the children’s psychological and physical well-being. According to the Court, the first step is to assess whether the grandparents' relationship with the grandchildren is compatible with the children's best interests. If it is found to be so, the grandparents’ right will be protected, particularly if it is being obstructed by the parents.

In light of the above, should the relationship between grandparents and grandchildren be denied or made more difficult, grandparents have the full right to apply to the court in the area where the children habitually reside, seeking measures to protect their relationship.

Equally, children are granted a similar right to maintain meaningful relationships with their grandparents and extended family members (Article 315 bis of the Civil Code), even in cases of parental separation or divorce (Article 337 ter of the Civil Code).

Grandparents' Maintenance Obligation

As mentioned earlier, grandparents also have specific financial obligations towards their grandchildren. One of which, under Article 316 bis of the Civil Code, is the duty to contribute to the maintenance of their grandchildren should the parents be unable to provide for them. It should be noted that this obligation applies equally to all the  grandparents, on both the paternal and maternal sides. However, it is calculated proportionally based on each grandparent's financial means and it is secondary to the parents' obligation.

This means that grandparents can only be called upon to support their grandchildren in the event of neither parent being able to do so. The Supreme Court, in its ruling No. 28446 of 12 October 2023, clarified that the primary and full responsibility for the maintenance of minor children lies with the parents. Therefore, if one parent is unable or unwilling to meet this obligation, the other must take full responsibility, while retaining the right to take legal action against the non-compliant parent to obtain a proportional contribution, based on their financial situation.

The obligation for grandparents to contribute to their grandchildren's maintenance only arises when neither parent is able to meet the children's needs due to a genuine lack of resources. It does not apply in cases where parents merely require financial assistance or where one parent fails to contribute to the child's upkeep.

In conclusion, if you are a grandparent who has been prevented from seeing your grandchildren or who has been unjustly required to contribute to their maintenance, contact Giambrone & Partners for advice. Our family lawyers will be able to outline your legal position and undoubtedly will provide effective support to ensure that your rights are adequately protected. Giambrone & Partners is an international law firm with offices in Lyon, Barcelona, Catania, Glasgow, Gran Canaria, London, Madrid, Milan, Naples, Palermo, Rome, Sassari, Turin, Casablanca, and Tunis. For more information, contact us here or email us at info@giambronelaw.com.