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Category: International Custody

International family law

Information on custody when several countries are involved

Legal resources for parents who live in different states, need to decide where their children will reside, want to move abroad, or need to recognize, modify, or enforce custody and visitation measures adopted in another country.

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What is your situation?

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We live in different countries and we don't know where our children should live.

Information on habitual residence, judicial jurisdiction and organization of cohabitation with both parents.

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One of the parents wants to move abroad with the children

Resources regarding changes of residence, consent, judicial authorization and effects on custody and visits.

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I need to modify a custody agreement made in another country

Information on competition, changes of residence and modification of measures adopted abroad.

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We disagree about travel, school, passport, or residency

Resources on decisions relevant to children and disagreements in the exercise of parental responsibility.

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I need a foreign custody order to have legal effect in Spain.

Information on the recognition, enforcement, registration and compliance with measures taken in another State.

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I need to arrange or enforce an international visitation schedule

Resources on communications, stays, travel, holidays and compliance between different countries.

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Information to help resolve your situation

All articles, analyses and content published by RRYP Global on international custody.

practical resources

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Representative cases

Anonymized cases that show how we address family conflicts involving minors, several countries involved, and measures that need to be coordinated between jurisdictions.

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Spanish jurisprudence — CENDOJ

Official search engine for court rulings on custody, visitation, modification of measures, child protection and the best interests of the child.

Search for official case law ↗

Official regulations and reference resources

European, international, and Spanish instruments on parental responsibility, jurisdiction, recognition of measures, custody, visitation, and protection of the best interests of the child. Their application depends on the States involved and the specific circumstances of the case.

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Brussels II ter Regulation

Regulation (EU) 2019/1111 on jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility.

Consult EUR-Lex ↗ §

Hague Convention of 1996

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children.

Consult the HCCH ↗ (I.e.

Spanish Civil Code

Spanish regulations on parental authority, guardianship and custody, residence, personal relations, hearing of the minor and family measures.

Consult the Official State Gazette (BOE) ↗ ◇

Organic Law 1/1996 on Legal Protection of Minors

Spanish framework on the rights of minors and the primary consideration of their best interests.

Consult the Official State Gazette (BOE) ↗ ▤

Law 29/2015 on international legal cooperation

Spanish subsidiary regime of international legal cooperation and recognition and enforcement of foreign judgments when a preferential European or conventional rule is not applicable.

Consult the Official State Gazette (BOE) ↗ i

European e-Justice Portal

Official information resource on parental responsibility, custody, visitation rights and applicable procedures in Spain.

Consult official information ↗

FAQ

Which country decides on child custody?
The answer depends, among other things, on the child's habitual residence, the countries involved, the proceedings already initiated, and the applicable international instruments.
Can a parent move abroad with their children?
A change of international residence can affect the exercise of parental responsibility, custody, and relationships with the other parent. It must be determined whether there is consent or if judicial authorization is required.
What happens if I do not authorize the change of residence?
In case of disagreement, it may be necessary to go to the competent court to assess the proposal, the alternatives and the best interests of the child.
Can a custody agreement made in another country be modified?
The following must be examined: the child's current residence, the court that issued the order, the possible preservation or transfer of jurisdiction, and the rules for recognizing the decision.
How is a foreign custody order enforced in Spain?
The procedure depends on the State of origin and the applicable instrument. It may be necessary to provide the resolution, certificates, translations, and documentation relating to its enforceability.
Who decides about school, passport, travel, or medical treatments?
These decisions may form part of the exercise of parental responsibility. When there is disagreement, the content of the current measures and the applicable legal mechanism should be reviewed.
How is a visitation regime between countries organized?
It may be necessary to define travel arrangements, holidays, communications, expenses, delivery and collection of the child, travel documentation and compliance mechanisms.
Should the child be listened to?
A child's right to be heard depends on their age, maturity, and the circumstances of the proceedings. The decision must be made in their best interests.

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RRYP Global intervenes in international custody disputes, changes of residence, recognition of foreign measures and proceedings with several countries involved.

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