Article 1887-A of the Civil Code states that the right to interaction between grandparents and grandchildren is based on the emotional bonds between certain family members and generational support. The law recognizes that interaction between grandparents and grandchildren allows for integration into a broader family, promotes the formation and transmission of family memories and a sense of belonging, strengthens mutual emotional bonds, and is presumed to benefit the child's development and personality formation. This right is constitutionally guaranteed (see Articles 26 nº 1; 68 nº1; and 69 nº 1 of the Constitution of the Portuguese Republic).
It can be stated that the child has the right to know their ancestors, their origins, and integrate into their family. This "right of the grandparents" refers not only to the right to visit the grandchild, receive them in their home, and establish phone contact, but also to receive information about various aspects of the child’s life.
Based on this reasoning, Portuguese courts have ruled in favor of the legitimacy of grandparents requesting the regulation of parental responsibilities regarding the interaction of children with their grandparents.
Parents are thus legally prohibited from unjustifiably depriving their children of contact with their ancestors.
This can only happen if there are obstacles preventing the establishment of an emotional relationship between the children and grandparents in a calm and psychologically rewarding way for the grandchildren.
As mentioned, the law presumes that the relationship between children and grandparents is beneficial, placing the burden of proof on the parents to demonstrate otherwise—such as proof of psychological disturbances, the child’s opposition to interaction with the grandparents, derogatory comments about the parents made by the grandparents in the child's presence, or actions by the grandparents contrary to the child's interests (punishments, neglect, etc.).
The judicial decision will always prioritize the best interests of the children, seeking to balance, among other things:
1. The child’s right to be with the grandparents;
2. The grandparents’ right to be with the child;
3. The parents' right to avoid undue interference from the grandparents in their family unit.
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