10 FAQs on child abduction cases in Spain
1. My child has been taken to live in Spain without my permission. What shall I do?
Action must be taken quickly. Het in contact with an International Lawyer in Spain as soon as possible to initiate the process of child return. An International Lawyer will advise you on all aspects of the Spanish legal system and jurisdiction in relation to your case and offer you immediate answers to your questions.
2. What documents are going to be required to support the request of return in Spain?
All the documents that demonstrate your liaison with the child: copy of child’s Birth Certificate, marriage or divorce certificate, pictures, school registration, City Hall registration, Health reports, etc.
3. How long does a child abduction case take in the Spanish courts?
The child abduction claim in Spain is a fast track proceeding with a total duration of 7 weeks.
4. Can any international lawyer represent me in a child abduction case?
If you are filing the request of return in Spain, is mandatory to retain a Spanish licensed lawyer, preferably with an international background to deal with the authorities in the different countries. We recommend you to contact an international lawyer specializing in child abduction cases.
5. Do I have to wait until the end of the judicial proceeding to be with my child?
Not always. The abducting parent may appear at any time before the end of the procedure and agree to return with the child to the place of habitual residence. Likewise, during the duration of the child abduction case in Spain, you can request interim measures in order to obtain a Court order with a visitation regime that forces the abducting parent to give you access to your child.
6. Will the judge listen to the child’s opinion in a child abduction case in Spain?
Only in cases when children are considered mature enough, that is to say when they are over 12-14 years old. The deposition can be taken at any time during the proceedings and always in the presence of the prosecutor and in private.
7. If, after notifying the abducting parent he or she does not appear at the hearing, what would be the next step?
In this case, the child abduction case in Spain will continue and in the next five days, the final hearing will take place in the absence of the abducting parent, provided he or she has been properly notified.
8. Do I have to present any evidence in the judicial process?
Yes, your international lawyer will help you to collect the relevant evidence related to your child abduction case in Spain. Additionally, the prosecutor and the judge might propose the evidence they consider relevant.
9. Will my pleas be attended during the child abduction proceeding in Spain?
Yes, your international lawyer, shall include your petitions in the request of return, also, if the judge considers necessary, you will be cross-examined during the final hearing.
10. What should be done if the abducting parent does not return voluntarily with the child after the Spanish Court issues a return order?
If the abducting parent does not comply with the Court decision, the judge must take all the necessary measures to enforce the judgment immediately, with the assistance of social services and the security forces.