Me and my prtner moved to Spian to live 6 months ago. We have now split up and my ex girlfriend has moved back to the UK with my son. I did not consent to this move with regard to my son. I have him now for Christmas in Spain and i am worried and not happy to take him back to the UK. I have arranged with his mother to return him on the 5th January 2015. If i do not am i breaking the law?
My question really is if i do not return my son to the UK when i said i would, Is it classed a kidnapping? Me and my son are staying in our family home in Spain, and i am his father, but i know the law tends to protect the mother more. I said he would be back on the 5th January 2015. She is normally his main carer, as i have been the one supporting us all financially. His mother has left and gone back to the Uk to live, and she presumes she can have full custody of my son.