SPAIN Law and Practice Contributed by: Esther Susín, E. Susín International Law Firm
evant variables to ensure that the measure adopted truly serves the best interests of the child. 2.4 Relocation Within a Jurisdiction The feasibility of a change of residence is closely linked to the distance between the current location and the proposed destination. In Spain, some cities may be 800 to 1,000 km apart, which represents a substan - tial relocation and, consequently, a significant impact on the child’s life, routines, schooling, and social and family environment. In such cases, the relocation pro - posal must be supported by a thorough consideration of these circumstances, providing clear justifications and a detailed plan that ensures the continuity of the parent-child relationship and the child’s stability. By contrast, when the distances are shorter – for example, 30 to 50 km – the obstacles to obtaining judicial authorisation are generally fewer, as maintain - ing the established contact arrangements with both parents is easier and the disruption to the child’s daily life is considerably less significant. For a permanent relocation of a child outside the national territory, the express consent of the other parent holding parental responsibility is mandatory. In the absence of such consent, prior judicial authori - sation must be obtained. This requirement is intended to safeguard the joint exercise of parental authority and to ensure that decisions of such significance are always made in the best interests of the child. By contrast, when the trip abroad is temporary and limited to a holiday period, no formal authorisation from the other parent is required. In such cases, it is sufficient to inform the other parent in advance of the travel arrangements — including dates, destina - tion, and conditions — so as to facilitate parental co- ordination and to ensure the proper exercise of both parents’ rights and responsibilities. 3. Child Abduction 3.1 Legality 3.2 Steps Taken to Return Abducted Children The return of a child who has been unlawfully removed may be requested either through the Spanish Central
Authority or directly before the courts of the country to which the child has been taken. The latter option is generally advisable, as it is often faster and more effective, particularly given that the Spanish Central Authority is currently overburdened due to insufficient staffing. When the child is located in a state that is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, there are additional safeguards to secure their return. Nevertheless, in such cases it is essential to act with the utmost urgen - cy and to obtain immediate legal representation in the child’s new jurisdiction. This will help ensure that pro - ceedings are initiated without delay and will increase the likelihood of a swift and successful return. 3.3 Hague Convention on the Civil Aspects of International Child Abduction In Spain, the availability of free legal advice to the parent of an abducted child under Articles 7 (g) and 25 of the 1980 Hague Convention is primarily chan - nelled through the country’s legal aid system ( asisten- cia jurídica gratuita ). Article 7 (g) – Co-Operation to Provide Legal Aid • The Spanish Central Authority (Subdirectorate- General for International Legal Co-operation ( Subdirección General de Cooperación Jurídica Internacional ) of the Ministry of Justice) facilitates access to legal aid for left-behind parents request - ing the return of a child. • Upon receiving the application, the Central Author - ity can inform the applicant of the eligibility criteria and provide assistance in applying for legal aid. • If the applicant resides abroad, the request is typi - cally processed through the Central Authority of the requesting state, which forwards the relevant documents to Spain. Article 25 – Equal Treatment • Foreign applicants are entitled to the same legal aid conditions as Spanish nationals. • Legal aid may cover lawyers’ fees, court repre - sentation, translator/interpreter costs, and certain procedural expenses, provided the applicant meets the economic requirements set by Spanish Law 1/1996 on Legal Aid.
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