CHILD ABDUCTION IN SPAIN

2009 hasn’t been the easiest of years for many on the Costa Blanca. Unfortunately, it has led to separation of couples many with children.

This has largely been because the pressures and lack of work have been too much for one or both.

For many the return to the UK where benefits and housing can be obtained has been the obvious choice. However there are problems.

Providing a child has been habitually resident in Spain for 12 months, if any mother returns to the UK without the consent of the father to remove the children from Spain then they are guilty of child abduction which is a criminal offence.

Many return oblivious to this and in all innocence.

However, the number of fathers taking action, which is quick, is increasing. There really is no defence to this action and the children are always returned to Spain, with or without their mother.

Basically a hearing takes place after the passports of the mother and children have been confiscated, an Order is usually made on the basis that the children will be returned to Spain, the flight will be booked and the mother and children escorted onto the plane. The Order usually has a clause that the father will undertake not to bring criminal proceedings against the mother upon her return to Spain.

In some instances custody is awarded to the father.

This leaves an innocent mother distraught at the loss of their child and probably without the financial means to return and live in Spain.

It is a frightening process and one which everyone should be aware of.

It is a question of Think before you Act!

As long as the father consents to the mother returning there is no abduction. This should be in writing.

For anyone in this situation considering leaving Spain then they should seek legal advice to ensure that their actions are legal.

Costa Blanca Lawyers are committed to helping families in distress and with the difficulties faced. If you need assistance then contact them at http://www.costablancalawyers.com/