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A.Valcke
A.Valcke, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Solicitor with 14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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My son lives with me in Spain and have spanish residency.

Customer Question

My son lives with me in Spain and we both have spanish residency. Spain is where my husband left us. I've brought him into the UK to see his father, which I paid for and arranged for my sons benefit, and now he says he won't llet us leave the country. Can he do that!

Submitted: 4 years ago.
Category: Law
Expert:  A.Valcke replied 4 years ago.
Hello,

I'm sorry to hear of this.

Is your son currently in the UK?

Have you divorced? If so is there a court order in place giving you parental responsibility for your son?
Customer: replied 4 years ago.

Hello,


 


My son and I are in the UK at the moment, on holiday. I brought my son here to see he's dad as he's had very little contact and thought it would be nice for Ben (my son)


 


My husband and I have been seperated for 20 months....he left us in spain which was our last family address.


 


Ben and I are british citizens spanish residence.


 


No divorces in sight we can't afford it. And my husband has refused to get involved with any separation papers, custody of Ben. It's just his word against mine at the moment. We've been happy so far with his little contact, i'm regretting bringing him to UK for a holiday, Kelvin (my husband) has had him for 10 days and and now wants to keep him from leaving the country.


 


No parental responsiblity has been given to either of us legally. i've just been looking after him and his school, home and friends and family (grandparents) are in spain.

Expert:  A.Valcke replied 4 years ago.
Thanks for confirming the situation.

The first thing to do would be to try reason with your son's father.

If that doesn't work, you have the option of making a formal complaint of abduction to the police in the UK. This is because your son is resident in Spain and therefore an attempt by his father to prevent him from returning to Spain and keep him in the UK would constitute child abduction.

If you were to lodge a complaint, you would need to show your son is resident in Spain and lives with you there.

I hope this answers your question.

Kind regards

A. Valcke
Customer: replied 4 years ago.

Thank you. This is what I thought and I'm happy that you've confirmed this for me.


 


 

Expert:  Clare replied 4 years ago.
Hi
Just for clarity
If your son is in your care and your ex tries to apply to the court for an order preventing you from leaving the country then the fact that you and the child are resident in the Spain means he will fail.
If he simply refuses to release the child into your care so that you can return you can then approach the police but you may find them reluctant to get involved
You can get more practical help from the Charity Reunite
http://www.reunite.org/pages/parental_child_abduction_faq_s.asp
Claire
Expert:  A.Valcke replied 4 years ago.
I'm glad to hear my answer was useful to you.

Let me know if you have any additional questions.

The following Gov.uk website also has further information on contacting the police and contacting Reunite.

https://www.gov.uk/international-child-abduction

I hope this answers your question.

Please don't forget to rate my answer by clicking on a smiley!

Thanks in advance.

Kind regards

A. Valcke