Increasingly we are hearing more questions and doubts from our clients about child custody in Spain.
Today we intend to answer the following questions:
Can my ex-partner travel with our children abroad when we have joint custody? Does he/she need my permission?
While the children are minors and have both parents joint custody, in order to leave Spain with the children you must have the express written consent of the other parent, which can be done by a notarized letter in which the non-travelling parent accepts the trip or transfer of the minors abroad for a fixed period of time.
What happens if they do not return to Spain?
For cases like these the LUXEMBOURG AGREEMENT MAY of 1980 against legal kidnapping of a minor by a relative exists.
“The agreement signed in Luxembourg on May 20th states that when, by moving a child to a foreign country, and a custody or visitation order has been violated, you can apply to the country that the child or children are currently in, the exequatur of the custody sentence that establishes the regime of custody or visitation of the child or children. Once the exequatur of the decision has been achieved, this is executed in the country where the child or children are being held, in order to return them to the country from where they were illegally or inappropriately transported. “
In Spain legal, national or international child abduction is defined and punished by the Criminal Code offence Chapter III of Title XII of crimes against family rights and duties in their art. 225 bis, the perpetrator will be is punished for unduly retaining a minor, for breach of custody rights and for relocating with a child outside their country of residence. It also includes what is considered child abduction: 2. In this article, also considered legal kidnapping: No. 1. “The removal of a child from his / her place of residence without the consent of the parent with whom he/she usually coexists or persons or institutions to whom he/she was entrusted to their care or custody.