The Right of Grandparents to Visit: Analysis of Judgment C-335/17 of the European Court of Justice (2018)
The judgment C-335/17, issued by the Court of Justice of the European Union on May 31, 2018, has opened new perspectives in defining the notion of "right of visit" in Europe. In particular, the Court established that this notion is not limited to parents, but can also extend to grandparents, an aspect that holds significant relevance for family law in all Member States.
Context of the Judgment
The case originated in Bulgaria, where the grandmother, N. V., requested the right to visit her grandson, currently residing in Greece. The dispute focused on jurisdiction, leading to a request for clarification from the European Court. The central issue was whether the right of visit for grandparents fell within the scope of Regulation (EC) No. 2201/2003, a text that governs parental responsibility and related judicial decisions.
The notion of "right of visit" includes the right of grandparents to visit their grandchildren.
Analysis of the Decision
The Court emphasized that Regulation 2201/2003 does not specify limitations regarding the individuals who can benefit from the right of visit. This means that, in line with the principle of the best interests of the child, grandparents also have the right to maintain personal relationships with their grandchildren. Furthermore, the Court highlighted the importance of mutual recognition of judicial decisions among Member States to avoid legal conflicts and ensure greater consistency in decisions regarding parental responsibility.
Practical Implications
The judgment has important consequences, not only for individual cases of family disputes but also for the legislation of Member States. Here are some practical implications:
- Expansion of visitation rights for grandparents.
- Greater clarity on jurisdiction in cross-border cases.
- Strengthening of family relationships and the best interest of the child.
Conclusions
In summary, the judgment C-335/17 of the Court of Justice of the European Union represents a significant step forward in the protection of family rights, explicitly recognizing the right of grandparents to visit. This not only enriches the European legal framework but also offers an opportunity to ensure that family ties are preserved, contributing to the well-being of the minors involved. Legal practitioners and families must now consider these new provisions in planning and decisions related to custody and the right of visit.
