The parents live in different states
The nationality or domicile of one of the parents does not in itself determine which authorities can take measures concerning the children.
International family · RRYP Global
International custody lawyers in Spain
Conflicts over children arise when parents live in different countries, an international change of residence is proposed, or there are decisions and procedures connected with more than one jurisdiction.
Custody
Habitual residence
Change of address
Jurisdiction
Execution
Madrid · Malaga · Cordoba
International affairs with a connection to Spain
International affairs with a connection to Spain
Start point
When does a custody arrangement require an international strategy?
When a child's life is connected to several countries, before discussing what measure is appropriate it may be necessary to determine which authorities have the power to decide on parental responsibility.
Habitual residence, open proceedings, foreign resolutions, changes of country, food and possible transfers or withholdings may be subject to different legal instruments.
It must be determined where the minor usually resides
Habitual residence is a central criterion for determining competence in matters of parental responsibility and requires analyzing the actual situation of the minor.
One of the parents wants to move with the child
An international change of residence can affect the exercise of parental responsibility, cohabitation, and the future jurisdiction of the authorities.
An action has already been initiated in another State
A lawsuit, provisional measures, or a prior procedure may condition subsequent actions that are intended to be initiated in Spain.
Measures have already been adopted outside of Spain
It is necessary to analyze what regime determines its recognition, effectiveness or execution before the Spanish authorities.
The minor has been taken or detained in another country
It may be necessary to distinguish the substantive procedure on parental responsibility from a specific international restitution procedure.
Private international law
A conflict over children. Several legal issues.
Parental responsibility, habitual residence, changes of residence, food, recognition of measures and international restitution are related, but are not legally the same issue.
01
International competition
It must be determined which authorities can take measures relating to parental responsibility under the applicable regime.
02
Habitual residence
Identifying the child may be crucial in establishing international jurisdiction and requires assessing the child's actual life circumstances.
03
international change of residence
It must be analyzed who can decide on the transfer and what consent or authorization is required in the specific case.
04
Food
Alimony obligations are subject to their own rules of jurisdiction, applicable law, recognition and enforcement.
05
International restitution
When the relevant conditions are met, mechanisms for the restitution of the substantive decision on parental responsibility can be activated.
Legal framework
Instruments that can intervene
The applicable regime depends on the subject matter, the States involved, the habitual residence of the minor, the temporal scope of each rule and any decisions that may already exist.
Regulation (EU) 2019 / 1111
It regulates, within its scope, competence, recognition and enforcement in matters of marriage and parental responsibility, as well as provisions on international child abduction.
Consult standard →Hague Convention of 1996
It regulates, within its scope, competence, applicable law, recognition, execution and cooperation in matters of parental responsibility and child protection measures.
Consult agreement →Hague Convention of 1980
Within its scope, it establishes mechanisms aimed at obtaining the return of children wrongfully transferred or retained between contracting States.
Consult agreement →Regulation (CE) 4/2009
It regulates, within its scope, competence, recognition, execution and cooperation in matters of maintenance obligations.
Consult standard →Identifying the applicable instrument requires verifying the States involved, the specific subject matter, the time frame, and the circumstances of the case. In matters of maintenance, the determination of the applicable law must be analyzed in accordance with the relevant international regime, including the 2007 Hague Protocol where applicable.
Legal Insights
Two common problems when conflict crosses borders
A dispute concerning children connected with several countries cannot be analyzed as if there were a single jurisdiction.
Custody between countries: before discussing the substance, it may be necessary to determine who can decide
In matters of parental responsibility, international jurisdiction must be analyzed according to the applicable regime and not solely according to the internal rules of a country.
View analysis →
When a decision has been made in another country
Foreign resolutions or agreements may require a specific analysis to determine what effects they may produce and what action is appropriate in Spain.
View analysis →
Consequences
Custody can open up different legal conflicts
A change of residence, a maintenance obligation, a foreign ruling, or an international transfer may require legally differentiated analysis and actions.
Change of address
Changing countries can transform a child's family and legal reality.
Before making a permanent move, it is necessary to analyze who can decide on the residence, what measures are in place, and what consent or authorization may be required.
The issue may affect cohabitation with both parents, travel, stays, schooling and the future implementation of the measures.
- Habitual residence
- Parental responsibility
- Judicial authorization
- schooling
- International stays
- Implementation of measures
Food
Living in different countries does not eliminate financial obligations towards children.
When the creditor and the obligor are located in different states, issues of jurisdiction, applicable law, recognition, enforcement and international cooperation may arise.
These issues must be legally distinguished from those relating to parental responsibility, even though they are part of the same family conflict.
- Child support
- Child's expenses
- Parent abroad
- Mutual recognition
- International execution
- International cooperation
Working with RRYP
Addressing an international custody
01
We reconstruct the international situation
Residence of the minor, countries involved, movements, procedures, agreements, measures and existing resolutions.
02
We determine which authorities can intervene
We identify the European, conventional or internal regime that corresponds to the issues raised.
03
We designed the strategy for the matter
Residence, cohabitation, travel, communications, measures, food, testing and international risks are integrated into a joint strategy.
04
We direct the appropriate actions in Spain
When the matter requires actions outside of Spain, we coordinate that part with professionals from the corresponding jurisdiction.
Affairs
Representative experience
An anonymized selection of issues concerning parental responsibility, residence, international mobility, and financial obligations relating to children.
Exclusive custody and judicial authorization to transfer the habitual residence of two minors to Belgium
Matter relating to parental responsibility and international change of residence from Spain.
Urgent measures to prevent the immediate return of a minor to Portugal
Urgent action in a conflict with an international dimension relating to the minor's residence.
Increase in child support payments and enforcement against a parent residing in Switzerland
Actions concerning maintenance obligations in a cross-border family relationship.
Conflict over residence and exercise of parental responsibilities between different jurisdictions
Coordinated analysis of competition, existing measures and necessary actions in Spain.
European jurisprudence
The habitual residence requires analyzing the reality of the minor.
Habitual residence for matters of parental responsibility
In case A, C-523/07, the Court of Justice examined the concept of the child's habitual residence for the purposes of jurisdiction in matters of parental responsibility.
The ruling establishes that habitual residence must be determined taking into account the specific circumstances of each case and the degree of integration of the minor in a social and family environment.
The decision was issued under Regulation (EC) 2201/2003, subsequently replaced by Regulation (EU) 2019/1111. Its relevance lies in the interpretation of the autonomous concept of habitual residence.
Consult case law →
Team
RRYP Global
Legal direction, litigation, client relations and coordinated management of matters with an international dimension.
Knowledge and practice
Private international law applied to real-world disputes
Professional practice is complemented by university teaching, legal analysis, and public participation in matters related to the firm's work.
Method
How the issue is structured
The scope depends on the child's residence, the States involved, the existing measures, the status of the proceedings and the possible urgency of the action.
Analysis
Residence, countries, travel, measures, procedures, agreements and initial risks.
strategy
Competition, documentation, measures, mobility, food and international coordination.
Procedure
Negotiation, claim or response, measures, evidence and corresponding legal proceedings.
After-effects
Recognition, implementation, modification or subsequent coordination where appropriate.
Budget closed per phase
Before starting each phase, RRYP Global defines its scope and the corresponding fees.
If the matter requires additional actions not included in the initially budgeted phase, its scope and budget are defined beforehand.
Legal Intelligence
Delving deeper into international custody
Analysis and resources on habitual residence, international changes of residence, jurisdiction and parental conflicts between different States.
Explore International Custody →International custody and changes of residence
Legal issues arising from a change of residence of a minor when there are connections with more than one country.
Read the analysis →Residence of the child in international conflicts
How can habitual residence affect the determination of the competent authorities in parental responsibility?
Read the analysis →When international custody is not legally viable
Legal and practical problems that may arise when the parental organization must operate across several countries.
Read the analysis →
Before acting
Initial issues
The answers depend on the States, the habitual residence, the existing measures and the specific circumstances of the child.
Which country decides on international custody?
Jurisdiction cannot be determined solely by the nationality of the parents or the child. Habitual residence, the States involved, and the applicable rules of international jurisdiction must be considered.
Does habitual residence mean registration with the local council?
No. Habitual residence is a legal concept that cannot be automatically identified with an administrative fact. Determining it requires analyzing the circumstances of the specific case.
Can I move to another country with my child?
Before making a permanent change of residence, it is necessary to analyze who holds the relevant powers, what measures are in force, and what consent or judicial authorization may be required.
Does having custody allow you to move the minor to another country?
It should not be assumed automatically. Custody, parental responsibility, and the power to decide on residence must be analyzed in accordance with the applicable legal framework and existing measures.
Is every transfer without consent an international abduction?
This cannot be stated without analyzing the specific circumstances, including the child's previous habitual residence, existing custody rights, their exercise, and the applicable international instrument.
Does an international child abduction proceeding determine final custody?
No. The international restitution procedure and the substantive decision on parental responsibility address different issues.
Can a foreign court order concerning children be enforced in Spain?
It may be possible. The applicable regime depends, among other factors, on the State of origin, the type of decision, its date, and the relevant European, conventional, or domestic instrument.
Are custody and child support governed by the same rules?
Not necessarily. Parental responsibility and child support obligations are legally distinct matters and may be subject to different instruments.
Do I have to move to Spain to work with RRYP Global?
Not necessarily. The initial assessment and much of the coordination can be done remotely. In-person actions will depend on the specific procedure.
How are matters budgeted?
RRYP Global works with a fixed budget per phase. Before each phase begins, its scope and fees are defined.
Legal authorship
RRYP Global
Content developed for the International Family practice of RRYP Global.
The information contained on this page is general and does not replace the individualized analysis of habitual residence, international jurisdiction, temporarily applicable regulations, existing measures and circumstances of the specific case.
Reference regulatory framework: Regulation (EU) 2019/1111, 1996 Hague Convention on Parental Responsibility and Protective Measures, 1980 Hague Convention on the Civil Aspects of International Child Abduction, Regulation (EC) 4/2009 on maintenance obligations, 2007 Hague Protocol where applicable, and other regulations as appropriate according to the subject matter, the States involved and the time frame.
First legal meeting
Analyze before you act
350 € VAT includedThe first meeting is an initial legal assessment of the matter. Its objective is to understand the international dimension of the dispute, identify the issues that require analysis, and determine whether RRYP Global can undertake the engagement.
- Current residence of the minor
- Relevant countries and movements
- Procedures already initiated
- Existing resolutions or agreements
- Planned change of residence
- Risk of transfer or retention
- Urgent measures or actions
- Possible next steps
When a conclusion requires reviewing documentation, proving or investigating foreign law, studying additional regulations, or conducting a more in-depth analysis, it is expressly identified as a matter requiring further work.
The meeting does not imply automatic acceptance of the assignment. If RRYP Global is able to take on the matter, the corresponding phase will be formalized later with a proposal, a fixed price quote, and an engagement letter.
Schedule initial legal meeting
Related matters
Issues that may require their own analysis
An international conflict concerning children can be connected with divorce, child support, change of residence, or international child abduction without all of these issues being subject to the same legal regime.
Before relocating a minor's residence, initiating proceedings in several countries, or reacting to an international displacement, it is advisable to determine which authorities can decide, which measures already produce effects, and what legal regime actually conditions the matter.