Hi I am asking this question on behalf of another and wondered if any of yoos have experienced a similar situation? This father is in England and his English children are in Spain with their English mother, how does the Law stand?, is it English law for access or Spanish law when they live in another country with their mother?
SERIOUS, HELPFUL REPLIES ONLY PLEASE many thanks.
2006-12-29 07:21:14 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
A caveat to my answer: I am not a lawyer, and your friend should seek the advice of a legal professional for clarity under the law.
If there is a question that the child has been removed abroad by a parent without agreement or in contravention of a previous order, then the The Hague Convention on the Civil Aspects of International Child Abduction would apply. The Spanish courts would have jurisdiction in this case, and applications under the Convention have to be made in Spanish.
The Convention also ensures that the rights of access granted in one country are respected in another. The UK became a signatory in 1980. It would need to be demonstrated that there was a UK court decision on access before the current situation arose.
So, in essence, the Spanish judicial system would be used, but it would be with reference to the Convention which has been adopted into the laws of the country.
2006-12-29 09:22:51 · answer #1 · answered by bulkybren 3 · 0⤊ 0⤋
This is governed by international treaty and a new convention is about to enter into force concerning contact of parents with children where the children and the parents are separated by national boundaries. The approach is not from the point of view of parents having the right to see their children, but from the point of view of the right of the children to see their parents. This would suggest that children living in Spain would assert such rights under Spanish law and that your friend has to approach it from that angle. But one thing seems certain: things are about to change. http://64.233.161.104/search?q=cache:ajGnIe6lYFUJ:conventions.coe.int/treaty/en/Reports/Html/192.htm+new+convention+on+contact+with+children&hl=en&ct=clnk&cd=3
2006-12-29 18:11:35 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
could also use European law,ask your local MEP.
2007-01-02 11:55:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋