Ok Ive been researching this for over a week....There's missinformation out there and visa agents giving wrong information. I have sent copies to the French, Dutch and Spanish embassies.
The spouse of an EU or EEA citzen has the right to free movement to ANY EU/EEA state....and to exercise that right....FACT.
To qualify (if travelling with you) and you have your valid travel document (passport). She or He is entitled to to entry EVEN IF NOT IN POSSESSION OF A SCHENGEN VISA....FACT.
Entitled to "minimum Check" rule as per Handbook for Border Guards Handbook issued by Commision of European Communities.
That rule insist on polite and a minimum check to ascertain Identity and conjical right ONLY
....that means original marriage cert and translated copy..English or French (not compulsary but ideally apostille by ANY member signatory to the Hague convention (my wife is Russian hers was done in Russia and they are a signatory to the Hague convention)...
They CAN NOT insist you apostille it again in the UK for example provided its with a translation.
They can not insist on questioning about reason for travel or bank details letters of employment or school letters etc if they do... the instructions are to contact or notify the EU solvit commission (http://ec.europa.eu/solvit/
There is then more waffle on the circuit about a permit should contain actual wording
that they are "a family member of an EU/EAA national" its a wrong interpretation....its wording that shows for example she is a spouse or daughter or son or indeed yes that they are simply a family member. Visa agents are WRONG that it must bear exactly those words....
All that aside it matters NOT....
If travelling with spouse OR family member or joining them....they DO NOT require to hold the required visa and can NOT repeat CAN NOT legally be turned back... unless a threat or burden to that state!!!
This right has been clarified and upheld in 2002 by the highest European court the ECJ in case C-459/99 (MRAX vs Kingdom of Belgium) and has been incorportated explicitly into Directive 2004/38/EC
The right to not send back at the border a third country national who is to a national of a member state WITHOUT being in possession of a valid identity card or passport or, if necessary, a visa where he / she is able to prove his identity and conjugal ties and there is no evidence they represent a threat etc... (EC) No 2317/95 of 25th September 1995
Im carrying copies of these laws/rulings and even the border guards guidance booklet. Simply because some airline check in staff may not know the law and equally Border Guards......dont be smug be polite but firm!
Finally if like me, you travel with a daughter who is hers from previous and not your natural child and is not adopted they, if financially dependant on you have the same rights as your spouse...as do other relatives under certain circumstances such as grandparents etc.
So all the laws are there... and on your side, its just the embassy and agents make a lot of money from being selective on what quotes they use and THEIR interpretation of them!
best of luck and happy travelling.