Child Abduction
Understanding International Child Abduction
International child abduction occurs when a minor is unlawfully relocated from their country of residence to another country, violating the custody rights of the parent who has been granted custody or the visitation rights of the other parent.
In Spain, international child abduction is a crime defined in Article 225 bis of the Penal Code.
What to Do in Case of International Child Abduction?
A. Submit a Request for Return to the Ministry of Justice: It is essential to promptly submit a request for restitution to the Ministry of Justice if the country to which the minor has been unlawfully relocated is a party to the Hague Convention of 1980. In these cases, communication is directly between the Central Authorities designated by the Hague Convention of 1980.
B. Notify the Embassy/Consulate of Spain: If the country to which the minor has been unlawfully relocated is not a party to the Hague Convention of 1980, it is necessary to inform the Embassy/Consulate of Spain in that country to be informed about the available courses of action:
Initiate legal proceedings before the courts of the country where the minor is located to achieve restitution or to establish a visitation schedule.
Request in the country where the minor is located the recognition and enforcement of the judgment obtained in Spain granting custody of the abducted minor to the deprived parent.
Alternatively or concurrently, initiate legal proceedings before the courts of the country to decide on the custody rights of the minor.
The Embassy/Consulate will provide the parties involved with an updated list of lawyers specializing in Family Law in the country to which the minor has been abducted.
Additional/Alternative Legal Options
It is also possible to pursue the penal route by filing a criminal complaint with the Security Forces and Corps or at the corresponding Court for an alleged crime of child abduction.
It is important to note that, although it may be difficult, often the quickest and most effective solution, ensuring the best interests of the child, is to attempt to reach an amicable agreement with the abducting parent.