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Child Abductions and Article 225 bis of the Spanish Criminal Code

If they do not let you see your child during a separation and/or divorce process, they could be commiting a crime of child abduction, even if they do not allow you to visit. The article 225 bis of the Spanish Criminal Code is very clear in this regard and a complaint could be filed if necessary.

But let's see in detail what article 225 bis says in its entirety:

1. The parent who abducts a minor child without justified cause will be punished with a prison sentence of two to four years and special disqualification for the exercise of the right of parental authority for a period of four to ten years.

2. For the purposes of this article, the following is considered to be abduction:

1º. The transfer of a minor person from their habitual place of residence without the consent of the other parent or of the persons or institutions to whom their guardianship or custody was entrusted.

2 º. The retention of a minor in serious breach of the duty established by judicial or administrative resolution.

3. When the minor is transferred out of Spain or some condition is required for his restitution, the penalty indicated in section 1 will be imposed on the upper half of it.

4. When the abductor has communicated the place of stay to the other parent or to whom their care legally corresponds within twenty-four hours following the abduction with the commitment to immediately return that they actually carry out, or the absence has not been greater than said period of twenty-four hours, will be exempt from penalty. If the restitution is made, without the communication referred to in the previous paragraph, within fifteen days following the abduction, the prison sentence of six months to two years will be imposed. These Deadlines will be computed from the date of the report of the abduction.

5. The penalties set forth in this article shall also be imposed on the ancestors of the minor and the relatives of the parent up to the second degree of consanguinity or affinity who engage in the conduct described above.

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