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My wife has taken my child to Spain and I wish to recover him. What should I do?

Civil Law

Antonio Flores Vila

20th of February 2000

Q. I need some one to help me get my baby back. My wife kidnapped my baby from the USA and left to Spain. It has been 1 year since she said she wanted to visit her family in Spain and took my son. I have been given legal custody and so I pressed charges on her and now I need someone from Spain to help me in this case.

Rocky Caprio
Chicago ILL

    A. I see you have a complicated issue both in terms of legal and emotional implications. This is not the first time these things happen, in fact in Spain it has happened with parents nationals of specific nationalities who have taken the children away to their countries where the law is at best inexistent and at worst openly unfair to the claimant and biassed. Your claim works the following way:

    • If you have had a court ruling in the USA saying you have legal custody, it could be enforced in Spain (it could even be treated as a kidnap, with criminal implications for your wife).
    • Also, if this is not the case, you could claim legal custody of your child in a Spanish court and get a favourable sentence. As most of these matters, Rocky, there is a high degree of uncertainty with regards to what a Judge could rule, since it would be based in the interest of the child only.
    Let me know a bit more about your case if you wish to proceed further (will remain strictly confidential).


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