<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The article presents EU legal regulations and decisions of the Court of Justice of the European Union (CJEU) relating to one of the most important rights of children, which is their right to direct contact with their parents and other people close to them. Difficulties may be encountered in cross-border situations when the child moves to another Member State or to a third country. In the first case, EU regulations apply, in particular Art. 24 of the EU Charter of Fundamental Rights and the Council Regulation 2019/1111. They are complemented by the case law of the CJEU, which interprets the terms they contain, e.g. the right to personal contact with the child. Its decisions recognise the best interests of the child as an overriding principle. At the same time, the Court tries to adapt existing EU legal provisions to social realities related not only to increased mobility, but also to changes in the structure of the family itself (patchwork families, single-parent families, etc.).</p>
</abstract>

The article presents EU legal regulations and decisions of the Court of Justice of the European Union (CJEU) relating to one of the most important rights of children, which is their right to direct contact with their parents and other people close to them. Difficulties may be encountered in cross-border situations when the child moves to another Member State or to a third country. In the first case, EU regulations apply, in particular Art. 24 of the EU Charter of Fundamental Rights and the Council Regulation 2019/1111. They are complemented by the case law of the CJEU, which interprets the terms they contain, e.g. the right to personal contact with the child. Its decisions recognise the best interests of the child as an overriding principle. At the same time, the Court tries to adapt existing EU legal provisions to social realities related not only to increased mobility, but also to changes in the structure of the family itself (patchwork families, single-parent families, etc.).

The Right of a Child to Contact Relatives in Cross-Border Situations – Comments Based on EU Legal Regulations and the Case Law of the CJEU

Uniwersytet Mikołaja Kopernika w Toruniu

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The article presents EU legal regulations and decisions of the Court of Justice of the European Union (CJEU) relating to one of the most important rights of...

The Right of a Child to Contact Relatives in Cross-Border Situations – Comments Based on EU Legal Regulations and the Case Law of the CJEU

Published Online: Oct 18, 2022

Page range: 177 - 191

Received: Jan 31, 2022

Accepted: Apr 27, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.03.10

Keywords
art. 24 of the Charter, contact between the child and the parents, Council Regulation No. 2019/1111, judgment in case C-335/17, the best interests of the child, the right of access

© 2022 Justyna Maliszewska-Nienartowicz, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The Right of a Child to Contact Relatives in Cross-Border Situations – Comments Based on EU Legal Regulations and the Case Law of the CJEU

Published Online: Oct 18, 2022

Page range: 177 - 191

Received: Jan 31, 2022

Accepted: Apr 27, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.03.10

Keywordsart. 24 of the Charter, contact between the child and the parents, Council Regulation No. 2019/1111, judgment in case C-335/17, the best interests of the child, the right of access

© 2022 Justyna Maliszewska-Nienartowicz, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
art. 24 of the Charter, contact between the child and the parents, Council Regulation No. 2019/1111, judgment in case C-335/17, the best interests of the child, the right of access