Moving a child between Spain and another country after separation

Key rules

• Permanent move: You need the other parent's consent or a court authorisation before moving the child abroad for good.
• Travel letter: For trips, carry a signed authorisation from the parent who stays behind, with a copy of their ID.
• Wrongful removal: A child moved without consent or a court order can be ordered back, and there is criminal exposure in Spain.
• Urgent fear: If you fear abduction, ask the court or prosecutor now for a ban on leaving Spain.

The rule: consent or a court order

Moving a child abroad permanently needs the other parent's consent or a court authorisation. Hague and EU return mechanisms apply when a child is moved without either.

In Spain, both parents share parental authority (patria potestad). This applies whether or not you were married. One parent can act alone in everyday matters and urgent situations. Big decisions need both parents, or one parent with the other's clear agreement.

Short trips

A short trip does not normally need a court order if neither parent has objected. Airlines, border officers and some countries often ask for a written authorisation from the parent who is not travelling. It is best signed before a notary or at a police station, with a copy of that parent's ID or passport. Requirements vary by airline and destination, so ask both before you travel.

If a custody judgment exists, read it first. It may limit travel or require consent. A Spanish passport for a child generally needs both parents present or consenting.

Permanent moves when the other parent disagrees

The parent who wants to move asks the family court (or the first-instance court where there is no family court) for the child's home area. You will need a lawyer and a court representative (procurador). If a custody judgment already exists, the request usually goes through a procedure to change its measures.

The court hears both parents, the prosecutor, and the child if over 12 (or younger if mature). It may order a psychological report. It decides on the child's best interests. It looks at:

• the reason for the move
• the child's family and school ties at the destination
• the contact plan with the parent who stays
• the effect on the child

Expect anything from a few months to over a year.

If you fear the child will be taken abroad

You can ask the court, or the prosecutor, for urgent measures. These include a ban on leaving Spain or withdrawal of the passport.

If a child has been moved without consent

The parent left behind applies to the Central Authority of the country where the child lives. If the child was taken to Spain, apply to Spain's Ministry of Justice. The authority first tries to arrange a voluntary return or mediation. If that fails, a State Attorney or prosecutor takes the case to a specialised court. Legal aid is available.

In EU cases the target is a decision within six weeks at each level. The child is normally heard, and so is the parent asking for return. The court can refuse return only on narrow grounds. It cannot refuse if adequate arrangements to protect the child are in place. An appeal goes to the provincial court.

Which country's courts decide custody

Courts of the country where the child normally lives decide. After a lawful move, that passes to the new country. Access-rights cases can stay with the former country for three months.

After a wrongful removal, the former country's courts keep the case. That ends only when the child has settled elsewhere and the left-behind parent has accepted it. It also ends after one year if the parent knew where the child was and no return request is pending.

The warning, timeline, documents and checklist below cover the risks and steps in more detail.

Timeline and deadlines

• Ask the court for urgent measures, such as a ban on leaving Spain, if you fear the child will be taken abroad: as soon as you fear a removal

• Get a court decision on moving the child abroad when the other parent disagrees: a few months to over a year after filing

• Receive a Hague return decision from the court, with the same target for an appeal: target of six weeks at each instance

• Keep the custody case in the former home country's courts after a wrongful removal: until the child has settled elsewhere and you have accepted it, or at least one year after you knew where the child was with no return request pending

• Bring access-rights cases to the former country's courts after a lawful move: during the three months after the move

Documents you need

• Written authorisation from the parent who is not travelling, ideally signed before a notary or at a police station, for trips abroad where an airline, border officer or country asks for it.

• A copy of the ID or passport of the parent who signs the authorisation.

• Court authorisation from a Spanish court to move the child abroad permanently, needed when the other parent does not agree.

• The custody judgment, if one exists, because its terms may limit travel or require consent.

Checklist

• Ask the other parent for written consent before any permanent move abroad.

• Read your custody judgment, if you have one, to see whether it restricts travel or requires consent.

• Check with the airline and the destination country what travel papers they want for the child.

• File a petition with the family court of the child's home area, through a lawyer and a court representative, if the other parent refuses.

• Apply to the Central Authority, Spain's Ministry of Justice if the child was taken to Spain, if the child was taken without consent or court permission.

• Ask about legal aid for the return procedure.

Taking a child abroad without consent: the abduction risk

• Moving a child without agreement or court permission: Taking a child out of Spain for good, or keeping them abroad after a trip, without the other parent's consent or a court's permission can lead to a Hague return order and a criminal case in Spain. Moving permanently needs both parents' consent or court authorisation. If a custody judgment exists, its terms apply and may limit travel. Get the other parent's written agreement, or ask the family court to decide. Do not book a one-way move until you have one of them.

• A court can order the child back: Under the Hague Convention, the other parent can ask the central authority for the country where the child lives to get the child back. If voluntary return or mediation fails, a specialised court decides. The aim is a decision within six weeks, and the court hears the child unless that is unsuitable. Refusal is possible only on narrow grounds, such as a grave risk to the child, a child of enough maturity who objects, or a child settled after more than a year. The parent opposing return must prove it. The court does not decide custody in this procedure. Get advice from a family lawyer before you move. If you receive a return claim, answer it quickly. Legal aid is available in this procedure.

• Criminal exposure in Spain: Taking a minor out of Spain, or not returning them, without justified cause and in breach of the other parent's rights or a court decision is a crime. It can mean two to four years in prison and loss of parental authority for four to ten years. The criminal case is separate from the return claim, and a conviction does not bring the child back. If the other parent disagrees, go to court first instead of leaving. For a short trip, carry a signed authorisation from the other parent, ideally signed before a notary or at a police station, with a copy of their ID or passport.

Frequently asked questions

Can I take my child on a short trip abroad without the other parent's permission?

Usually yes, if the other parent has not opposed the trip and no court order restricts travel. Airlines, border officers and some countries may still ask for a written authorisation from the parent who is not travelling. If a custody judgment exists, its terms come first.

How long does it take to get court permission to move my child abroad?

Court permission to relocate a child abroad takes from a few months to over a year. If you fear the other parent may leave Spain with the child, you or the prosecutor can ask the court for urgent measures, such as a ban on leaving Spain or withdrawal of the passport.

How long does a Hague return case take in Spain?

The target for a Hague return decision is six weeks at each instance, and an appeal goes to the Audiencia Provincial. In practice cases often take longer.

Which country's courts decide custody if my child has already moved?

After a lawful move, the courts of the child's new country decide, with a three-month exception for access rights. If the child was wrongfully taken, the courts of the former home country keep jurisdiction until the child has settled elsewhere and the left-behind parent has accepted it, or one year has passed after the parent knew where the child was and no return request is pending.