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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5919
Experience:  Spanish Attorney
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My wife is claiming that I kidnapped our child whilst we were

Resolved Question:

My wife is claiming that I kidnapped our child whilst we were traveling in Spain. We all needed to go back to the UK because our child had a scheduled health appointment. We have a child in the UK where we all reside (recently she has not renewed her residency in the UK and she is not a Citizen of Europe)
She decided to abandon us, stay in Spain, and live with a new Spanish man she met. She is making false and unjust allegations about me. She is claiming that I beat her and the child. I have never hit a woman or child and hate people that do. This Spanish man knows about this law as I believe it has had a lot of publicity in Spain and I know he helped another woman that was not a resident do the same earlier this year. She is using this unfair law (gender based violence) to gain residency, extort money (with this man) and harm me (as she is manic) She has absolutely no evidence such as medical reports or witnesses because it never happened. From what I have read this law only requires a testimony from the woman and there is no perjury law in Spain either. I am sure she has falsely stated where she lives as the man she is living with a well known criminal and would not want to be technically involved.


The only reason she is doing this is because she suffers from Manic Depression and is currently Manic again (I have seen this many times and she will eventually want to come back to us when she comes down from mania). I understand that once the process has started then she won’t be able to withdraw the case even though she probably will when the mania stops. I have never been in trouble with the law and I am not sure what to do as our child’s welfare is at risk without me.

Will the court issue a summons or EAW for me in the UK? What will be the process? Can and will the UK government fight an EAW on the grounds of an unfair trial, using European human rights? How is the summons issued and what happens if I am not there to accept, as I do travel a lot for business? What do you recommend that I do? I only have our child best interest in mind and can not allow someone to take away our child to live with a woman that suffers fro mental health and a Criminal Man.
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. :

Hi there

José M. :

José M. spanish solicitor

José M. :

As you say in Spain we have an unfair law with women and you are now in hard problems

José M. :

You will need to probe he is making false denounces against you and you never hit her anyway

José M. :

My advice is to try to keep the minor out of Spain and out of spanish courts because here she will have a lot of ways to damage you with the law

José M. :

In my opinion you should submitt the case to UK courts and there decide the best for the minor

José M. :

In UK court you could probe the fact that spanish law in unfair with the man

José M. :

Even you could use the fact that she in not healthy in mind and she or her partnert could be a risk for your son

José M. :

Whatever but do not go into spanish court

José M. :

In Spain you will find only problems

José M. :

Spanish law is completely unfair with men

JACUSTOMER-mb9lltnb- :

What about an EWA or summons and the summons process?

JACUSTOMER-mb9lltnb- :

MEANT - EAW

JACUSTOMER-mb9lltnb- :

Is a European Arrest Warrant possible?

JACUSTOMER-mb9lltnb- :

hello are you still there?

JACUSTOMER-mb9lltnb- :

I thought I get to have my questions answered in this chat?

José M. :

Hi there

José M. :

An arrest warrant is possible, yes

José M. :

But you have always the chance to appeal and the chance to ask to submit the case to Uk courts

José M. :

I will be here to answer your questions for sure

José M. :

Thank you

Customer:

So there is a Spanish law that would allow this to be held in the UK? What is the summons process outside the country? How do I avoid the EAW if I should not go to the Spanish courts

José M. :

Well, no spanish law, international law

José M. :

You have to apeal that you never kidnapped the minor and that you reject to submit and accept the case in pain as spanish law does not offer you a fair chance to fight in court

Customer:

What international law? Have you heard of any European country defending an EAW based on the breaking of my right to a fair trial?

Customer:

Thanks for the answers so far

José M. :

Sure, even the european human right court could accept your case as long as Spain does not offer you a fair case

Customer:

Can it be taken to the european human right court before conviction?

José M. :

Yes, as long as the spanish court will demand you to leave the minor in Spain you could demand their help. Spanish law now has courts agaoints european lwas as this court depends on the sex of the person

Customer:

if so I will find a lawer in the UK that specializes in these cases if not then they will send an European Arrest Warrant first, just to get me into court. Let me clarify - Have you heard of this gender based violence law being defended in the European Court of Human Rights or would I be the first?

José M. :

So, here in Spain we have to accept it as long as the european union has to forbiden them

José M. :

But you have the chance to apeal for a fair court

José M. :

No, you are not going to be first

José M. :

Even here in Spain there is a fight againts it

José M. :

The law, the court, are unfair and probably ilegal

José M. :

Its a political problem here in Spain now

Customer:

So I must contact a UK lawyer now before conviction to stop any possible warrant?

José M. :

And you do not have to pay for spanish problems

José M. :

Sure, pay the best defense you could affort and enjoy with the minor far away of Spain

Customer:

I feel very sorry for the 1 million men and the grandparents of those men in Spain

José M. :

In Spain the case will be a hell for you

José M. :

Believe me that the problem is very, vary hard

José M. :

You never will hear a new of a women killing her husband on media

José M. :

They never say, and they are hundred of them all Sapin arround

Customer:

I know I am just worried that the UK have no choice but to hand me over. I have heard that them not handing me over is very unusual for a EAW

José M. :

But when the case is that a women is killed, is on news each hour

José M. :

You have really reasons to be worried Sir

José M. :

Fight to stay far away of Spain

Customer:

They hardly ever do it unless I heard.

José M. :

In Spain you are probbaly inocent, you have to probe you are not gilty. Is is supposed you are

Customer:

Thanks again for the advice . I understand that feminists run the country and even judges have lost there job for speaking out

José M. :

You will find no fear fight here

José M. :

That is what the problem is

Customer:

I will get a human rights lawyer then.

José M. :

Sure

Customer:

Court summons process as I travel a lot for work

José M. :

Check the web about courts violence of gender and you will find the problem. A lot of lies are making a big problem here

Customer:

?

José M. :

I mean that in the web you could get a lot of information about the fitght againts the spanish laws

José M. :

The spanish law in unfair and eventualy will be forbiden from europe

Customer:

I have and even saw an interview with a woman judge that agrees that it breaks Spains Constitution and human rights

José M. :

Sure, because she is right

Customer:

Lucky she is a woman making those comments

José M. :

Yes

Customer:

be careful - I wouldn't even put this posting on the net if i were you

Customer:

Can we keep this chat confidential for both our benefit?

José M. :

Why not? A lot of prefesionals think as I do

José M. :

When a Law is unfair a political sistem could no make it fear

José M. :

Spain is the only one country nowdays which have specilist court depending on the sex of the person

José M. :

If my pertner hit me she goes to criminal court, If I hit her I go to courts violence of gender

José M. :

Why?

José M. :

If she does she declares and she is free until the court call us

Customer:

with lots of feminists in the government

José M. :

If I do i am arrested 48 hours and may be forced to be away from her

Customer:

I know i have done alot of research

José M. :

I see

Customer:

I don't know what will happen next after her pre-trial hearing this week. do you know and about how they issue a summons outside the country?

Customer:

I am travelling

José M. :

The cases I have studied ( USA most of them ) always has tried to keep the minors out od Spain

José M. :

The problem will become if the minor is spanish or not

Customer:

I will be giving you an excellent rating for this as you have been very informative

Customer:

minor is british like me

José M. :

If the minor is spanish citicen your chance is shortest

Customer:

and a resident of UK

José M. :

Perfect

José M. :

If he is brithish and you are, you should demand a brithis court help to get a fair law for you

Customer:

Ok will do - do you suggest I do this now before a summons

José M. :

Spanish problems for spanish people. Brithish courts shouldnt let that a brithish minor will be separated from his father for an unfair law

Customer:

thanks

José M. :

Yes I recomend you to contact a birthis lawyer and start to move the case in advanced

José M. :

Thank you Sir

Customer:

ok will do thanks very much.

José M. :

Sorry for my bad spelling

José M. :

I will be here if needed later on

José M. :

I gently ask for a good rate of the sevice, have a good day

Customer:

I hope your country sorts this out as I feel for the fathers, children and grandparents. It will be a disaster for the society in years to come.

Customer:

thanks for your time

Customer:

goodbye

José M., Attorney
Category: Spain Law
Satisfied Customers: 5919
Experience: Spanish Attorney
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