Overview
In the 21st century, (almost) all of us have a family member or close friend living in another country—whether because of an enticing job offer, a semester abroad through the Erasmus Program, a love found far from home, or parents who decided to emigrate... The reasons for moving abroad are countless, yet one common element remains in every case: the feelings of longing and the need to adapt family relationships to physical distance.
In this session, we will explore the challenges brought by globalization and the primary strategies developed to maintain family cohesion and emotional closeness despite geographical separation. We'll also address the role of legal frameworks in this context—what rights do family members have at a distance? How have courts approached private matters that cross borders? And what gaps still need to be filled?
Technological tools, like video calls and sharing images and experiences on social media, have proven essential in lessening the effects of distance. Within the scope of Family and Juvenile Law, digital communication has been incorporated into parental responsibility arrangements, allowing non-custodial parents to maintain contact with their children residing in another country, ensuring regular interaction and preserving emotional bonds. Often, this arrangement includes communication not only with the parent but also with other family members, such as grandparents and uncles. However, the reliance on digital interactions has its limitations, as it cannot fully replace touch and physical presence. As a result, the emphasis is still placed on setting aside extended vacation periods for children to spend with the non-custodial parent and their family.
In the European Union, solutions have been crafted around the principles of free movement and family life protection. Thousands of EU citizens take advantage of the ease of border crossing to regularly spend vacations or even weekends with relatives residing in another Member State. Furthermore, non-European family members of an EU citizen have the right to remain within the EU, prioritizing family reunification. Even family members of a non-EU citizen who resides legally within the EU may join them, subject to specific conditions.
These are some of the examples we will examine. Families and the law are adapting to cross-border relationships, and much more can still be achieved. Get ready for an in-depth reflection on the present and future of family relationships in an era of global mobility.
