Judgment_paragraph 93 · K.A. and Others v Belgische Staat (C-82/16)

93On the other hand, that conclusion cannot be drawn automatically on the basis solely of the criminal record of the person concerned. It can be reached, where appropriate, only after a specific assessment by the national court of all the current and relevant circumstances of the case, in the light of the principle of proportionality, of the child’s best interests and of the fundamental rights whose observance the Court ensures (judgments of 13 September 2016, Rendón Marín, C‑165/14, EU:C:2016:675, paragraph 85, and of 13 September 2016, CS, C‑304/14, EU:C:2016:674, paragraph 41).