Article 160 of Spanish Civil Law recognizes the grandparents’ right to have contact with their grandchildren. That is to say, unless there is just cause – i.e. danger of harming the child’s development or mental health – the grandparents cannot be deprived of spending time with the child, so that neither the poor relationship between the parents nor the absence of one of them serves in any way as a reason for hindering the relationship between grandparents and grandchildren.

In fact, the Supreme Court has been applying this regulation, recognizing the importance of the grandchild-grandparent relationship for the enrichment of the children.

The procedure to be followed by the grandparents if they are being deprived of seeing their grandchildren is very similar to that between the two parents. Once out-of-court proceedings have been exhausted and if attempts to negotiations with the parent(s) have been unsuccessful, a verbal lawsuit should be filed requesting the Court of First to establish a visiting regulation that is always adapted to the family circumstances and that respects the child’s wellbeing.