The Swiss Civil Code grants not only parents but also close third parties their own right to personal contact with the child if this is in the child’s best interest. Grandparents are a classic example of this section of law regarding personal contact with close relatives. The reasoning behind this is that children often benefit from a stable relationship with their grandparents, regardless of the current nature of the relationship between the parents and the grandparents.

It is important to distinguish this from parental visitation rights. While parents have an independent, constitutionally enshrined right to personal contact with the child following a separation or divorce, grandparents’ entitlement is, from the outset, guided by the child’s best interests and is therefore more narrowly defined. There is no automatic right to a specific level of contact; the specific terms depend on the circumstances of each individual case. For every case, we assess whether and to what extent a right exists at all before we prepare an application.

The decisive factor is always whether contact with the grandparents is necessary for the child’s well-being. In practice, an existing, well-established relationship between grandparents and grandchildren often supports a claim—for example, if the grandparents have regularly cared for the child in the past or if there is a close emotional bond. Even if such a relationship is not yet particularly strong, a right to visitation may still exist if contact is generally in the child’s best interests and there are no compelling reasons against it.

Circumstances that would be detrimental to the child’s best interests—such as a deep-seated conflict between the grandparents and the parents that is stressful for the child, the grandparents using the child against one parent, or indications that the child is at risk—are particularly strong arguments against such a right. We examine these circumstances carefully, regardless of which party we represent, since an excessive assertion of rights regularly undermines the actual goal—the relationship with the child.

The Child and Adult Protection Authority (TPAE/KESB) at the child’s place of residence is generally responsible for regulating visitation rights. As part of the application process, the authority assesses whether and to what extent grandparents have a right of contact, and may also hear the child’s testimony and request a statement from the parents. If divorce or matrimonial protection proceedings between the parents are already pending, the issue may in some cases also be addressed as part of those proceedings.

We guide you through the process from the submission of the application through the hearings to the final ruling, which typically includes details on the frequency, duration, and nature of the contact—such as whether the contact takes place with or without supervision. If an agreement is not adhered to later on, we will examine what measures are available to enforce it.

Even visitation rights that have already been granted are not set in stone—they can be restricted, suspended, or revoked if circumstances change and the contact no longer serves the child’s best interests. This applies in particular if contact with the grandparents places a significant strain on the child’s sense of loyalty, if the grandparents have used the contact to influence the child against one parent, or if the family situation has changed fundamentally.

If your case differs from these scenarios: this guide covers the typical situations involving grandparents’ visitation rights. However, every family situation has its own unique characteristics—such as particularly complex multigenerational conflicts, intractable communication breakdowns, or international aspects. Describe your situation to us confidentially, and we will outline the next steps that are right for you.

If grandparents wish to travel with their grandchild, or if the child is to change his or her place of residence or move abroad, additional questions regarding jurisdiction and enforceability arise. In matters concerning children, international jurisdiction is generally governed by the 1996 Hague Convention on the Protection of Children, which typically bases jurisdiction on the child’s habitual residence. Therefore, if a child later moves abroad or the grandparents live abroad, a visitation arrangement issued in Switzerland may need to be recognized in the respective country so that it can actually be enforced there.

Through our network of partner law firms in more than 80 countries, we determine whether and how a Swiss arrangement can be recognized abroad, and we also support our clients when practical contact between grandparents and grandchildren must be organized across national borders—for example, by arranging travel expenses, vacation visits, or digital contact to supplement in-person meetings. Should the child be taken abroad without authorization, we immediately take steps to secure their return.

• Case scenario 1 – Severing of contact following the parents’ divorce: after the parents’ divorce, one parent severs all contact between the child and the parent's parents (the grandparents) without any apparent reason related to the child’s best interests. In this case, we prepare an application for the grandparents to file with the relevant authority, based on the child’s pre-existing, documented relationship with the child.
• Case scenario 2 – Grandparents as former primary caregivers: the grandparents played a significant role in caring for the child for several years before a family dispute arose. In this case, the close bond that has already developed is a strong argument for a broad right of access, which we document and assert accordingly.
• Case scenario 3 – Grandparents abroad, grandchild in Switzerland: the grandparents live abroad, and the grandchild lives in Geneva. Here, we clarify how visitation rights can be arranged in practice—for example, through longer vacation stays instead of regular short visits—and how such an arrangement can be enforced abroad if necessary.
• Case scenario 4 – Parental custody and manipulation by grandparents: one parent accuses the grandparents of influencing the child against the other parent, which raises issues of parental custody, and wishes to restrict visitation. Here, we carefully assess whether the allegations are relevant to the child’s best interests and, depending on which party we represent, advocate either for restricting visitation or for continuing it with appropriate conditions.

• Premature legal action: filing a petition without first attempting mediation often further hardens positions within the family instead of resolving the conflict.
• Lack of documentation of the existing relationship: if a grandparent does not document evidence of their existing bond with the child their position is weakened.
• Using the child as a pawn in a parental conflict: attempts to use the child to support one’s own position in a dispute with a parent regularly have a negative impact on one’s legal standing.
• Unrealistic expectations regarding the extent of contact: grandparents’ visitation rights are more limited than those of parents; excessive demands often fail simply because they exceed these limits.
• Neglecting the international dimension: when grandparents or grandchildren live abroad, the issue of cross-border enforceability is often considered too late.

Legal advice is particularly recommended if contact with the grandchildren is completely denied, if an existing arrangement is not being followed, if there are allegations of manipulation, or if grandparents or grandchildren live abroad and cross-border enforcement is required.