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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5982
Experience:  Spanish Attorney
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My ex partner and I have a 10 week old son who lives with me

Resolved Question:

My ex partner and I have a 10 week old son who lives with me in Spain. His dad is British and lives in England. We both want what's best for our son but the fact that we live in different countries don't make things easy. What does the law have to say regarding the custody of young children? Could our son live with me one month and the following month with his dad etc etc...until he is old enough to go to primary school? His dad adores him and I do not want to take him away from his dad. What do other parents do when they live in different countries? I am lost...
Thank you very much in advance for your kind answer.
cristina
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
Hi there
You are nounder Spanish law, even you are living here
You have to manage in UK with a local atorney or to get an agrement with your ex about to go in court in Spain as a residence of the minor
But without agrement the law to be aplied is UK law and in UK court
Thank you
Customer: replied 2 years ago.

Dear José M.



I do not understand why is the UK law the one that has to be aplied. Our son was born in Barcelona and has a Spanish passport. Why should we be under the UK law?



If so, can you forward my request to a UK solicitor, please?



Thank you.


Cristina

Expert:  José M. replied 2 years ago.
Hi there,

If the minor is spanish and have spanish residence we can considerer spanish law aplicable at least for custody matters.
In that case you could reach an spanish atorney to manage
Spanish law is better for you in order to get the custody against UK law

My advice for you is to contact a local atorney who manage the custody case taking spanish law and spanish court as It is the aplicable law for the minor

Thank you
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