German court affirms grandparent visitation rights

A ruling by the Pfälzisches Oberlandesgericht Zweibrücken has clarified that grandparents and step-grandparents may have visitation rights even when there is significant conflict with the children's parents. According to the German Bar Association (DAV), the primary legal standard is the welfare of the child, specifically whether the contact positively influences the child's development.

The case involved a grandmother and step-grandfather seeking visitation with three children who had been taken into state care by the Jugendamt following a family separation. While a local district court initially denied the request, citing high stress for the children and existing family disputes, the Higher Regional Court partially granted the appeal. The court emphasized that if the children explicitly desire the contact, the parents' objections are secondary to the child's perspective and well-being.