SPAIN Trends and Developments Contributed by: Mayte Garcia, MAYTEGARCIA International Family Law, slp
of residence affects many things that have to do not only with moving abroad, including a different lan - guage, as in this case, but also with habits, school - ing, customs, and even the travel expenses involved in moving to a country far from the child’s environment, as this may prevent or make it difficult for both the child and the left-behind parent to travel in order to maintain contact with the child. In these cases, the interests of the child are paramount.” In addition, the most relevant question is not whether the custodial parent’s freedom to choose residence can be restricted, but whether it is appropriate or inap - propriate for the child to move to another country, which may entail a significant change in their social and parental environment, with potential problems of adaptation. The concept of the interests of minors, as expressed by the Supreme Court in the judgment of 16 Septem - ber 2016, has been developed in Law 8/2015, of 22 July, on the Modification of the Child and Adolescent Protection System, in the following terms. • “The maintenance of their family relationships shall be preserved.” • “The satisfaction of their basic material, physical, educational, emotional and affective needs shall be protected.” • “The irreversible effect of the passage of time on their development shall be considered.” • “The need for stability in the solutions adopted shall be taken into account.” Case Law in Spain on international child relocation Spanish jurisprudence has addressed numerous cases of international child relocation, each with its particularities. Below is an analysis of some common situations and the resolutions adopted by the courts. Relocation for employment reasons One of the most common reasons for requesting inter - national relocation is a job offer in another country. In these cases, courts evaluate both the professional opportunity and the parent’s ability to provide a bet - ter quality of life for the child in the new destination. However, mere economic improvement is not always sufficient to justify relocation if it may destabilise the
child emotionally or if their adaptation to the new envi - ronment is uncertain. Relocation for family reasons In other cases, relocation is justified by the need of a parent to reunite with their extended family in another country or due to a new marriage. Courts consider the stability and emotional support that the extended family can offer the child in the new country. However, it is essential to demonstrate that these new circum - stances will not significantly disrupt the child’s rela - tionship with the parent remaining in Spain. This usu - ally applies when the other parent has not attended to their parental duties for a long period of time. Denial of relocation due to lack of child’s ties to the new destination In some cases, courts have denied relocation because the child had no prior ties to the destination country, which could hinder their adaptation. If the child does not speak the language, has no family or friends in the new country, and it has not been demonstrated that the change will significantly improve their well-being, the courts may consider that the relocation is not in the child’s best interests. Practical considerations for parents For parents considering applying for international relo - cation with a child, it is crucial to take several practical aspects into account. Preparation of a detailed plan It is essential to prepare a detailed plan covering all aspects of the relocation, including residence, educa - tion, access to healthcare, and the visitation and com - munication plan with the parent staying in Spain. This plan must demonstrate that the child’s well-being has been carefully considered in every dimension. Gather documentary evidence Gathering all relevant documentation to support the application is crucial. This includes employment con - tracts, school acceptance letters, medical reports if necessary, and any other evidence that demonstrates that the relocation is in the child’s best interests.
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