Judgment_paragraph 70 · K.A. and Others v Belgische Staat (C-82/16)

70As regards, on the other hand, the actions in the main proceedings brought by M.J., N.N.N., O.I.O. and R.I., it must be recalled that the Court has already held that factors of relevance, for the purposes of determining whether a refusal to grant a derived right of residence to a third-country national parent of a child who is a Union citizen means that that child is deprived of the genuine enjoyment of the substance of the rights conferred on him by that status, by compelling that child, in practice, to accompany the parent and therefore leave the territory of the European Union as a whole, include the question of who has custody of the child and whether that child is legally, financially or emotionally dependent on the third-country national parent (see, to that effect, judgment of 10 May 2017, Chavez-Vilchez and Others, C‑133/15, EU:C:2017:354, paragraph 68 and the case-law cited).