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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Me and my prtner moved to Spian

Resolved Question:

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.

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did she return with the child to the UK?
Clare
Customer: replied 2 years ago.
She returned to the UK with my son at the beginning of October 2014 where she stayed at her parents with him until 19th December 2014. Previously to that she lived at our house in Spain from April 3rd 2014.
I then returned to Spain with him on the 22nd December, and still have him now.
Expert:  Clare replied 2 years ago.
Hi
What action did you take when she moved the child back to the UK?
Clare
Customer: replied 2 years ago.
None.
Expert:  Clare replied 2 years ago.
HI
I am sorry but you will have to return the Child to the Uk and deal with any application you may wish to make there.
had you acted immediately in October when she returned the child to the Uk then it would have been borderline as the Child was only in Spain for a bare six months - and it is possible that your ex could have successfully argued that the child's domicile was still the UK.
As things stand however there can be no doubt - since it is clear that you agreed to return the Child to the UK
If you fail to return the child is does indeed amount to Abduction - and your ex can use the Spanish Courts to Order the return of the child to the UK - and of course all future contact will be at risk.
I am sorry - I know that this is not what you wished to hear - but it is the legal position that you are in
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
If i am concerned that my ex partner is mentally ill. Can i keep him in Spain until this has been cleared up? I am seriously worried about taking him back there due to her mental state....
Expert:  Clare replied 2 years ago.
Hi
Has she been sectioned?
What makes you think that there is a risk to the child?
Clare