My wife left our home with our baby for five days. Can this be considered kidnapping?

[Unregistered]

When I came home from work, my wife moved out of the house with the baby. Five day passed before she came home. Can this be considered kidnapping under spanish law?

[lawbird]

If the situation has become irreparable, I suggest you file a claim for divorce as soon as possible in order to decide which parent will have custody of the child from now on.

Unless there are any special circumstances to be considered, it is likely that the mother will obtain custody. However, you should also be granted visitation rights. Until a claim for divorce is not filed, the custody is shared and therefore it cannot be considered kidnapping if she has custody.

I suggest you speak to a Lawyer specialized in family law as soon as possible in order to raise any doubts and concerns about your rights and obligations and initiate the divorce proceedings.

Kind regards,