+34 957 858 952 WhatsApp Email
Attention in Spanish and English Schedule (Madrid) L–J 09:00–14:00 · 16:00–19:15 | Fri 08:00-15:00
RRYP Global

International family law

Legal resources regarding the unlawful transfer and retention of minors

Analysis, practical guides, representative cases and official documentation on international child abduction procedures, habitual residence, cooperation between jurisdictions and application of international instruments.

Request legal assessment → Consult LegalGPT ↗

frequent searches

⌕ They won't give me back my son⌕ The other parent took him abroad⌕ Hague Convention⌕ International restitution⌕ International Custody⌕ Unlawful retention or transfer

Featured

⇩

Downloadable guide

International child abduction

Practical guide prepared by RRYP Global on transfer, wrongful retention and international restitution procedures.

Download guide ↗
◇

Representative cases

Applied experience in international affairs

Anonymized cases that show how we handle multi-jurisdictional proceedings and urgent measures.

View representative cases →
(I.e.

Law Review

Relevant judicial rulings and criteria

Selection of relevant resolutions and criteria on international child abduction.

Consult case law →

Library on international child abduction

Articles, analyses and informative content published by RRYP Global on this subject.

Key documentation and resources

▤

Hague Convention of 1980

Official text of the Convention on the Civil Aspects of International Child Abduction.

Consult official source ↗ ◎

Brussels II ter Regulation

Regulation (EU) 2019/1111 on parental responsibility and international child abduction.

Consult EUR-Lex ↗ □

HCCH Good Practice Guidelines

Official guidelines on application, prevention, execution, mediation and exception of serious risk.

Consult official guides ↗ (I.e.

Spanish Central Authority

Official information and contact details published by the Ministry of Justice.

Consult official information ↗ ⌘

Authorities and profiles by country

Contracting States, central authorities and territorial application of the Convention.

View countries ↗

FAQ

What is considered international child abduction?
Generally, child custody violations can occur when a child is removed to or remains in a different country, violating custody rights established under the law of the state of their habitual residence. The specific application depends on the circumstances and the applicable international instruments.
What is the difference between unlawful transfer and unlawful retention?
The term "removal" usually refers to the child's relocation to another state. "Retention" can occur when the relocation was initially consented to, but the child does not return at the agreed time or under the agreed conditions.
How important is habitual residence?
Habitual residence is one of the central elements in the application of the 1980 Hague Convention and in the determination of the authorities that may be competent.
When does the 1980 Hague Convention apply?
Its application requires, among other elements, examining the States involved, the validity of the Convention between them, the age of the minor, his habitual residence and the circumstances of the transfer or retention.
What happens if the country involved does not apply the Convention?
It may be necessary to analyze other international norms, bilateral agreements, domestic legislation, recognition of resolutions, or diplomatic and consular mechanisms.
What documentation might be relevant?
Custody resolutions, residence certificates, travel authorizations, communications between parents, and school or health documentation related to habitual residence and relocation may be relevant.
Can custody also be resolved in the restitution procedure?
The restitution procedure does not necessarily equate to a procedure concerning the merits of the custody case. These two aspects must be differentiated and analyzed in accordance with the applicable law and jurisdiction.
What role does the Central Authority play?
The Central Authorities cooperate in the receipt, transmission and processing of applications, locating the child and international coordination, within the functions provided for in the applicable instruments.

Speed ​​can be the deciding factor.

Early assessment allows for the identification of the countries involved, the usual residence, the applicable instruments, and the measures that may be necessary.

Request legal assessment →

You may also be interested in

International Custody →International divorce →Division of marital property →Gender Violence →