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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5739
Experience:  Spanish Attorney
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Tuesday night this week I have just left the father of my children

Customer Question

Tuesday night this week I have just left the father of my children in Spain. We are both British citizens and non residents but have our home in Spain. The 1st born has a spanish birth certificate and a british passport his father is named on the birth certificate. The second born has a full british birth certificate and passport and the father is not named on the certificate.
I denounced him for violent and mental abuse last Thursday and this went immediately to court the next day.He was ordered not to return to the land or house until the next court appearance. The denunciation was annulled this Monday due lack of relevant evidence. Due to fear, i was forced to make a decision to leave the home and hide from the father of my children.Subsequently he has been badgering and harrassing friends and my witness about our whereabouts and was seen at the school asking where Luke was, this frightened many locals and I still feel this was my only option to leave the country for our safety.
I returned to the uk with my 2 children (2 and 3yrs old)acompanied by my dad, and am now safely with my parents and getting the support of family and friends after a very long traumatic period of time inside the family unit being controlled and manipulated for my money and land. His aim was to take my sanity and then the children. There is a huge amount of written evidence and some soundrecordings to prove this. Also there is an e-mail from another mother of 2 more of his children who he left England to avoid paying CSA stating to support my claim and recognising the pattern is being repeated. I have always been the financial provider for over 6 years together. He was put onto the deeds of 2 seperate lands and family homes and has already received over half of the sale for the first land and property. He is now claiming half of the current family land and home and refusing to leave.
The lawyers in Spain remain in contact with me and a report was handed into Almunecar court for appeal yesterday at 11am. I explained I was not there to sign as i was in hiding. I have not seen the report or spoken directly to the lawyer who wrote it, and my only conact was through a translator who really was not great at translating.
I have been advised that my case needs to go to civil court to go into the depth of evidence relating to a long term of emotional abuse from him to which I have recordings and whatts apps and e-mails to back up dates etc. I have not been told any costs.
1. Am I allowed to exit Spain without the fathers permission? He claims this on e-mail.
2. Am I allowed to take up a lawyer here in England who speaks fluent Spanish, to work through the mess that seems to have happened in the process in Almunecar? The father of the children is claiming the process has been deleted, but my spanish lawyers are saying the case remains open. I am unable to understand the translator very well and have not had direct responses to my questions. I need help from someone english speaking who knows Spanish law and speaks spanish fluently.
3. Can I be denounced by the father of my children for purgery? He believes this is possible. If yes, by being in England now am I breaking any laws? if he makes a denunciation ( as he still thinks I am in Spain)
4. I have been told by the translator that I have full custody of the children and that the father must apply for custody through civil courts if I refuse to let him see them. Due to the nature of the abuse I feel he must not be allowed access unless supervised as he has been the perpetrator of psycological abuse to me and them over a long period of time and I feel the children must be protected from this.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
Hi there

José M spanish attorney

I am going to answer your questions as you put them

1. Am I allowed to exit Spain without the fathers permission? He claims this on e-mail

You do not have the right to do it so you should not do it but once is done is him, the father who has to sue you in court for the custody and the time table to got them

2 Am I allowed to take up a lawyer here in England who speaks fluent Spanish, to work through the mess that seems to have happened in the process in Almunecar? The father of the children is claiming the process has been deleted, but my spanish lawyers are saying the case remains open. I am unable to understand the translator very well and have not had direct responses to my questions. I need help from someone english speaking who knows Spanish law and speaks spanish fluently.

Yes you could do it but is going to be easier and chepeast for you to contract a brithish attorney working in Spain As example

http://www.white-baos.com/?lang=en

Can I be denounced by the father of my children for purgery? He believes this is possible. If yes, by being in England now am I breaking any laws? if he makes a denunciation ( as he still thinks I am in Spain)

It is possible but I think he will be not interesed on it. In this kind of legal fight he have the worst part making denounces I think it is too risky for him

4. I have been told by the translator that I have full custody of the children and that the father must apply for custody through civil courts if I refuse to let him see them. Due to the nature of the abuse I feel he must not be allowed access unless supervised as he has been the perpetrator of psycological abuse to me and them over a long period of time and I feel the children must be protected from this.

In Spain in most cases the custody gpes to the mother as they ask. I need to know and study your case to be sure but for the begining they will have more problems tahn you in order to get it

For sure, never he will got it for the minor who has not his name as long as he do not get to put his name on the passport.

Please ask if you need more help

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