SPAIN Trends and Developments Contributed by: Mayte Garcia, MAYTEGARCIA International Family Law
Cases of international child abduction and wrongful retention If one parent relocates the child to another country without the required consent of the other parent or retains the child unlawfully, the situation should be reported as a case of child abduction or wrongful retention. The 1980 Hague Convention on the Civil Aspects of International Child Abduction establishes mecha - nisms to ensure the return of children. As Spain is one of the signatory countries to this Convention, the pro - cess to be initiated before Spanish Central Authority and Spanish courts would be the subject of a further comprehensive report. 15th anniversary of the Washington Declaration on International Relocation The year 2025 marked the 15th anniversary of the Washington Declaration on International Relocation, a landmark instrument that has significantly influenced the legal framework governing cross-border child relo - cation. The Declaration established key principles aimed at balancing the custodial rights of parents with the paramount consideration of the child’s best interests. Over the past 16 years, courts worldwide have increasingly relied on these principles to assess relo - cation cases, ensuring that decisions reflect a com - prehensive evaluation of familial, psychological, and legal factors. However, despite its relevance, the Washington Dec - laration remains relatively unknown to judges and courts in many jurisdictions. This lack of awareness often leads to the inconsistent application of relo - cation principles, creating legal uncertainty for par - ents and children involved in international custody disputes. Greater efforts are needed to promote the recognition and implementation of this instrument in judicial decision-making. The impact of international relocation on the identity of children : a legal and cultural dilemma The issue of child identity in international relocation has gained increasing relevance in legal and psycho - logical discussions. The movement of a child across
in a more flexible solution tailored to the needs of all involved. Evaluation of the new country ’ s environment Before making a final decision, it is important to con - duct a thorough evaluation of the environment in the destination country, considering aspects such as the quality of the education system, social opportunities for the child, and ease of access to medical and psy - chological services. Consideration of the child ’ s stability The court will place great importance on the child’s stability, so any proposed change must be clearly aimed at improving their quality of life without caus - ing significant disruption to their routine or important relationships. Relocation cases involving a child who is under the guardianship of the competent authorities of another country (HCCH 1996) The international relocation of minors under the custo - dy of competent authorities, such as child protection services or juvenile courts, is a matter of increasing importance in international family law. These cases typically involve complex situations where the protection of the child, their well-being, and respect for human rights are of paramount impor - tance. Collaboration between states is essential, as is finding an expert lawyer to ensure that decisions regarding the international relocation of minors are made in a manner that respects their rights, promotes their welfare and guarantees the legal status of the child in the state to which the child is to be relocated. Many aspects have to be considered in these cases, such as the recognition of judgments issued by for - eign courts, the adaptation of the child’s custody to the domestic laws of the new jurisdiction, their inte - gration into the educational system of the country where they will reside, guaranteeing the child ade - quate health care, and legalising their residence status in the new country.
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