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RRYP Global intervenes in these proceedings before the Spanish courts, both in requests for restitution and in the defense against them when a parent has moved or retained the child outside their country of habitual residence, when it is necessary to react urgently to prevent that transfer or to legally maintain a position of protection in Spain.
RRYP Global intervenes before the Spanish courts from the very beginning and orders a swift legal response.
These procedures require working on habitual residence, international competence and procedural strategy with a specific approach.
RRYP Global builds a strong legal position both to request the return of the child and to oppose it.
International child abduction is the removal or retention of a child in a State other than that of his or her habitual residence , carried out unilaterally by one of the parents or another person, without the consent of the holder of the custody right or against a current court order.
This conduct constitutes an unlawful alteration of the minor's residence and hinders or prevents the effective exercise of custody and the right of the other parent to maintain a relationship , violating the legal framework that protects the best interests of the child.
An international child abduction proceeding does not decide on the underlying custody issue, but rather on whether the child should be returned to their country of habitual residence and what urgent measures should be taken to protect their situation.
In Spain, these matters may require the activation of the 1980 Hague Convention , Regulation (EU) 2019/1111 at the European level and urgent protection measures in accordance with Spanish law (Civil Code, Civil Procedure Law, LOPJ and Law 29/2015 on international legal cooperation) when the case requires it.
In these proceedings, time , the child's habitual residence , the applicable international framework , and the way in which the initial actions are taken directly influence the course of the case. If you find yourself in this situation, you can schedule a meeting with our lawyers here:
We speak of international abduction when the minor is transferred or not returned to another country without consent or against a court order, altering their habitual residence.
What matters is not nationality, but where the child actually lived in a stable manner before the transfer or retention.
Its purpose is for the minor to return to the country of habitual residence, so that custody, visits and other measures can be resolved there.
It is not necessary to have a “kidnapping”; abduction also occurs if a parent keeps the child in another country and does not return the child on the agreed date.
A custodial parent may be guilty of abduction if they move the child abroad, violating the rights of the other parent or the conditions set by the judge.
Only in exceptional circumstances (for example, serious risk to the child) can return be denied. It is not enough to claim that the child is "better off" in the new country.
Before that happens, it is possible to request exit bans, passport control, or judicial authorization to travel abroad with the minor.
In international child abduction cases, it is necessary to precisely establish the child's habitual residence, the existing custody rights, how the removal or retention occurred, and the legal and personal risks of maintaining the current situation. Establishing the child's circumstances, the parents' prior actions, and the need for urgent protective measures in Spain can also be crucial.
At RRYP Global, as leading international family law attorneys, we understand the crucial importance of children's education, care, and safety, and the legitimate concerns of their parents.
Our firm is committed to providing high-level advice and representation in cases of international child abduction, with a dual objective: to protect the well-being of the child and to defend the rights of the affected parent against unlawful removal or retention in another country.
We study in detail the family and procedural situation: the child's habitual residence, the countries involved, previous resolutions, risks to the child and the real viability of a request for restitution or protection measures.
We clearly explain how the Hague Convention, European regulations and Spanish law apply to your specific case, what options you have (restitution, precautionary measures, criminal actions, agreements) and what practical implications each option has.
When circumstances allow, we facilitate agreements that prevent prolonged conflict, whether regarding the child's return, an international visitation plan, or protective measures, always prioritizing the child's safety and well-being. However, as child abduction lawyers, we will represent and defend your child in court when the situation demands it.
We have worked from Spain on issues related to countries such as Mauritania, Indonesia, Vanuatu, the USA, Argentina, Cuba, Panama, Sweden, Switzerland, the UK, France, Portugal, Italy, Belgium and Germany, among others.
At RRYP Global, we are international child abduction lawyers in Spain. We assist parents whose children have been wrongfully removed or retained in another country, whether from or to Spain, and who need a swift and effective response. We also represent those who are being accused of abduction when they are simply protecting their children or have legal authorization to reside in another country.
RRYP Global works on this subject with a particularly precise combination of private international law, litigation and transnational coordination.
We urgently assess the specific situation of the minor, the countries involved and the applicable legal framework, in order to determine the correct course of action from the outset.
We set the budget and scope of work before starting any action.
We initiate the corresponding international procedure, whether before courts, central authorities or other competent bodies, in accordance with the treaties applicable to the case.
When several States are involved, we coordinate the legal strategy to ensure consistent and effective action in all jurisdictions involved.
We take care of preparing and submitting the application for international restitution or protection measures to the Central Authority and the competent courts, taking care of the documentation, the legal arguments and the deadlines.
We represent you in all phases of the procedure in Spain and coordinate, when necessary, actions with lawyers and authorities in other countries, defending your rights and the child's interests with a firm and technical approach.
Our team combines expertise in international law with the ability to represent clients in Spanish courts. We understand that every family law case with cross-border implications requires a well-designed legal strategy, respect for the legal framework of each country involved, and sensitive conflict management.
Managing Partner | Legal Department | Lawyer No. 137007 of the Illustrious Bar Association of Madrid
Our mission is to offer high-level international legal advice and representation before the Courts of Spain, resolving complex conflicts between jurisdictions with strategy, agility and maximum protection of our clients' interests.
RRYP Global's practice is led by Mar Gámez , a lawyer specializing in Private International Law . She is a professor of Private International Law and Comparative Law at Loyola University. She holds a degree in Law and International Relations and an LL.M. in International Business Law, Contracting & International Relations from ISDE. She is also an international analyst, having appeared in prominent media outlets such as La Sexta.
RRYP Global works with a precise definition of the project. Before taking on a project, the firm defines its structure, scope, and the framework within which it should be approached, so that the client knows exactly what will be done, why, and on what terms.
The initial contact allows us to organize the initial information, understand the matter, and confirm whether it fits with RRYP Global's practice.
From the first contact, your case is analyzed and handled by a partner of the firm. You have a clear and responsible point of contact from the beginning.
The matter is structured in specific legal phases. In each of them, you will know what will be done, why it is being done, and what the next steps are.
At RRYP Global, as lawyers specializing in international guardianship and custody, we have been interviewed by various media outlets regarding our expertise, and we are a regular presence in the national and international press. Furthermore, we regularly give lectures in the field of international law and are members of several business associations.
Below, we answer the most common questions about the international guardianship and custody process in Spain:
Contact a specialist lawyer and the Central Authority in your country (in Spain, the Ministry of Justice) immediately to initiate a restitution claim under the Hague Convention, if applicable.
Don't wait. In general, it's advisable to act immediately , both through civil proceedings (restitution) and, if applicable, through criminal proceedings for child abduction.
If the child is not returned voluntarily, the return is claimed through legal proceedings in the country where the child is located; that court will decide whether restitution is warranted.
Yes, you can request protective measures (exit ban, passport control, registration in border control databases) from the competent court.
International child abduction occurs when a child is taken or kept in another country, violating a custody right and changing their habitual residence; if there are only occasional delays in visits, it is usually a breach, not abduction.
Yes, abduction can occur when the trip was initially agreed upon, but the parent refuses to return the child within the agreed timeframe.
Yes. The determining factor is not nationality, but the child's habitual residence at the time of the transfer or retention.
It applies if both the child's country of habitual residence and the country to which the child has been taken are States party to the 1980 Convention and the child is under 16 years of age.
It will be necessary to resort to bilateral agreements, internal regulations of that country and mechanisms of judicial and diplomatic cooperation; the process is usually more complex and slower.
It depends on the case: a lawyer is usually needed in the country where the restitution is being processed, and in many cases advice is also needed in Spain to coordinate custody, measures and execution.
Yes, it is possible, although the more time passes , the more weight factors such as the child's integration into the new environment and the exceptions of the Convention will carry.
Yes: limits can be placed on travel, passport surrender, visitation supervision, and other restrictions in custody orders and measures.
The Hague Convention provides a one-year rule : if action is taken within that period, immediate restitution is reinforced; after that time, integration is assessed, but the door to return is not closed.
In principle, financial obligations do not automatically disappear due to the theft; it is advisable to request an adjustment or review of measures before the judge.
No. What matters is the child's best interests and their habitual residence , not the parents' nationality; everyone should be treated with the same guarantees.
Yes. You can contact the Central Authority in your country of residence , which will coordinate the application with Spain or with the country where the minor is located.
If you need to raise an international child abduction case in Spain, here you will find the ways to contact RRYP Global.
