The right of the child to have relations with grandparents in international contexts of gender violence

Abstract

Every child has the right to maintain, on a regular basis, personal relations and direct contact with his or her grandparents, even if they live in a country other than the country of the child's habitual residence, unless it is contrary to the child's best interests. However, the exercise of this right may be jeopardised in cross–border cases, and in particular in cases where the child has experienced domestic violence. There is a need for an appropriate legal framework that takes into account the situation of families, grandparents and grandmothers, but above all the “best interests of the child” in contexts of gender–based violence. We therefore propose to analyse the extent to which the rules of private international law and, in particular, the institutional rules governing the recognition and enforcement of decisions handed down at European level apply gender mainstreaming.