Government scraps plans to ease grandparents' rights to see grandchildren
The government has withdrawn a bill that would have made it easier for grandparents to request court-ordered visitation rights with their grandchildren. The decision follows Senate concerns about prioritizing grandparents' interests over children's well-being and potential strain on family courts.
| Key Data Point | Details |
|---|---|
| Bill Name | Wet drempelverlaging omgang grootouders (36.364) |
| Proposed Change | Automatic assumption of close personal relationship between grandparents and grandchildren |
| Current Requirement | Grandparents must prove a close personal relationship exists |
| Introduced by | Minister Weerwind (Legal Protection, Rutte IV cabinet) |
| House of Representatives Vote | Approved on June 25, 2024 |
| Senate Debate Suspension | March 10, 2026 |
| Withdrawal Announced | March 20, 2026 (via letter from Prime Minister Jetten) |
| Key Concerns Raised | Child's best interests, increased court workload, exclusion of other caregivers |
| Next Steps | Government to reflect and propose future actions within a month |
The Dutch government, through the Ministry of Legal Protection, is responsible for proposing and amending legislation that affects family law and children's rights. The Senate reviews and debates these proposals to ensure they align with constitutional and societal values, particularly the best interests of children.
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Government withdraws bill to lower threshold for grandparents' visitation rights
The government has announced that the proposed bill to lower the threshold for grandparents' visitation rights will be withdrawn. Prime Minister Jetten informed the Senate of this decision in a letter dated March 20. The Senate had suspended the plenary debate on the bill on March 10.
Procedure
The bill was submitted on May 17, 2023, by Minister Weerwind for Legal Protection in the Rutte IV cabinet. The House of Representatives approved the bill on June 25, 2024. On Tuesday, March 10, the Senate debated a proposal to lower the threshold for grandparents to request court-ordered visitation rights with their grandchildren. After answering the members' questions in the first round, the Senate decided to suspend the bill at the request of the State Secretary. The announced withdrawal brings an end to the legislative process for this bill.
Senate Debate
Currently, grandparents must demonstrate to the court, after a parental separation, that a close personal relationship exists with their grandchild(ren) before a visitation request can be considered. The proposed bill aimed to change this by automatically assuming such a close personal relationship.
Senators acknowledged the importance of grandparents playing a role in children's lives during the debate with State Secretary Van Bruggen on March 10. However, the bill raised numerous concerns. Several speakers noted that the proposal appeared to prioritize the interests of grandparents over the child's best interests, which senators deemed undesirable. They also questioned whether the bill was necessary ("what problem does this bill solve?") and whether it would lead to an unnecessary increase in visitation cases. Senators inquired whether this would increase the workload for specialized family courts handling such cases.
The bill referred to a close personal relationship with legal grandparents, a distinction that drew objections from some senators regarding other caregivers, such as social grandparents in multi-parent families, as well as uncles and aunts. Supporters of the bill argued for the essential role of grandparents in grandchildren's lives, asserting that only an independent judge could determine whether they should be excluded from contact with the children.
After State Secretary Van Bruggen addressed the Senate's questions, she requested a suspension of the bill. "To," she said, "reflect and discuss in the Council of Ministers whether we wish to proceed further." A large majority of the Senate agreed to suspend the bill. The State Secretary committed to sending a letter within a month outlining proposals for the future of this issue and the motion adopted by the House of Representatives regarding lowering the threshold for grandparents.