Many families from other European countries have settled in Spain over the last 20 years. Some parents are now returning to the country of their nationality and a decision has to be made about the residence of the child. This affects married and unmarried parents and may or may not involve a divorce or separation.<\/p>\n
It is very important that the parents agree on where the children are going to live. If they have been in Spain for many years the children will have become \u201chabitually resident\u201d in Spain and if so a decision to leave must be agreed by the parents. If it is not agreed the parent who does not give their consent, preferably in writing, can apply for their return under the terms of the Hague Convention of 1980 on Child Abduction.<\/p>\n
Where there is no agreement a parent who wants to leave Spain with the children should apply to the local Spanish court for custody and leave to remove the child providing the court with a plan for visits for the parent who remains in Spain. For example the normal pattern of visits in Spain is every other weekend, 4 weeks in the summer and alternate halves of Christmas and Easter. However where the children are going to be living in another country the visits might be extended to 4 or 5 days to fit in with school times.<\/p>\n
There should also be evidence of where the children are going to live and go to school and of the economic or financial support the parent with custody has. Maintenance will be also be decided by the court if it cannot be agreed. The best interests of the child must come first.<\/p>\n
A parent applying for a child to be returned to their country of habitual residence is entitled to Legal Aid. However this is not always available to the parent contesting the return of the child so it is very important to take advice before leaving Spain without the written consent of the other parent. Hague proceedings are very stressful for parents so prevention is better than cure and you should seek specialist advice before making a decision.<\/p>\n
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