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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 Cover

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

Open Access
|Oct 2022

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.).

DOI: https://doi.org/10.15290/bsp.2022.27.03.10 | Journal eISSN: 2719-9452 | Journal ISSN: 1689-7404
Language: English, Polish
Page range: 177 - 191
Submitted on: Jan 31, 2022
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Accepted on: Apr 27, 2022
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Published on: Oct 18, 2022
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2022 Justyna Maliszewska-Nienartowicz, published by University of Białystok
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.