Entry requirements for non-EEA parent accompanying an EEA minor child

Question

A Hungarian citizen is married to a Russian citizen, and together they have a dual-citizenship minor child. The family resides together overseas, outside the EEA. The minor child and the Russian spouse, but not the Hungarian spouse, will fly together to Germany for a short holiday (a few days long). Presumably the child is free to enter Germany with their Hungarian passport, but does the accompanying Russian parent need a Schengen visa? (The EU's page on Travel documents for non-EU family members doesn't appear to cover this case.) If a visa is not required, are the airlines likely to know about this rule, or is it possible they'll deny boarding out of ignorance?

Answer 1

The parent of an EU citizen only counts as a "family member" for the purpose of the free movement directive if the parent is dependent on the child. Since the child in this case is a minor, that is not likely to be the case.

Since the EU-citizen parent is not traveling, the Russian parent needs a visa, and the directive's provision for a cost-free visa does not apply.

https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=CELEX:02004L0038-20110616

Article 2(2):

Article 2

2. ‘family member’ means:
   ...
   (d) the dependent direct relatives in the ascending line ...