In a decision made on Thursday 31 May (Case C-335/17), the European Court of Justice stated that the notion of ‘rights of access’ includes the rights of access of grandparents to their grandchildren.
Ms Valcheva, a Bulgarian national, is the maternal grandmother of a child, who, since his parents’ divorce, has resided in Greece with his father, a Greek national. Having unsuccessfully sought the support of the Greek authorities, Ms Valcheva applied to the Bulgarian courts for a determination of arrangements for her access to her grandson.
The Bulgarian Supreme Court asked the Court whether the “Brussels II (a) Regulation” applies to right of access for grandparents. This regulation provides for the jurisdiction of the courts of the Member State in which the child is habitually resident, in this case, Greece.
On the basis of the arguments provided by the Advocate General (see EUROPE 12000), the Court points out that Brussels II (a) Regulation covers all decisions on parental responsibility and that rights of access are identified as a priority. The Court notes that the EU legislature chose not to provide for any limitation of the range of persons who may exercise parental responsibility or hold rights of access. Thus, according to the Court, the “notion of rights of access” refers not only to the rights of access of parents to their child, but also to the rights of access of other persons with whom it is important for the child to maintain a personal relationship, among others, the child’s grandparents.
The Court also points out that in order to avoid the adoption of conflicting measures by different courts and in the best interests of the child, the same court — as a general rule, the court of the child’s habitual residence — should rule on rights of access. (Original version in French by Mathieu Bion)