ABSTRACT
Child and polygamous marriages are two legal institutes with which legal systems in Europe are not always familiar. When a spouse in a child or polygamous marriage migrates from a third State to an EU Member State, the question arises whether and how EU Member States recognise these marriages. This recognition is important for family law purposes, where private international law (PIL) is relevant, on the one hand, and for migration law purposes on the other. PIL that regulates the recognition of foreign family relations is largely determined by the national legislature. By contrast, some harmonisation has taken place in the field of migration law, which is regulated by the national legislatures and the EU legislature.
The absence of harmonisation in PIL combined with the existence of some harmonisation in migration law create tensions. This chapter investigates which role PIL plays in the recognition of child and polygamous marriages for family reunification. The legal frameworks regarding child and polygamous marriages in Belgian PIL and the Family Reunification Directive (2003/86/EC) are discussed and compared. The role that public policy plays, specifically in relation to the best interests of the child, is also addressed.
