The crime of child abduction is a serious offense. At A&O Lawyers, your criminal defense law firm in Marbella, we explain it to you.
In today’s society, the well-being and protection of children are fundamental aspects. Unfortunately, there are cases in which a parent decides to abduct their underage child without any justification. This causes profound harm to both the child and the other parent. Article 225 bis of the Spanish Penal Code establishes the legal provisions to address this type of crime. It also imposes severe penalties on the offenders.
The crime of child abduction and its implications:
Article 225 bis of the Spanish Penal Code (https://www.boe.es/buscar/act.php?id=BOE-A-1995-25444) covers the crime of child abduction. It establishes the legal consequences for those who commit it. Abduction is considered the relocation of a minor without the consent of the other parent or the individuals or institutions responsible for their care or custody. It also includes the retention of a minor in violation of a judicial or administrative resolution that establishes their visitation or custody regime.
Article 225 bis stipulates that a parent who abducts their underage child without justified cause will be punished with a prison sentence ranging from two to four years. Additionally, they will be subject to a special disqualification from exercising parental authority for a period of four to ten years.
These penalties also apply to the child’s ascendants and to relatives of the parent up to the second degree of consanguinity or affinity who engage in the described behaviors.
The transfer of the child outside of Spain or the imposition of conditions for their return constitutes an aggravating factor, resulting in a penalty in the upper half. However, some exceptions are established in cases where the abductor notifies the other parent or the legally responsible caregiver of the child’s whereabouts within the first twenty-four hours and fulfills the commitment of immediate return. In this case, the abductor will be exempt from punishment. If the return is made without prior communication but within fifteen days following the abduction, a prison sentence of six months to two years will be imposed.
The crime of child abduction not only violates the rights of the other parent or the individuals entrusted with the care or custody of the child but also the rights of the child itself. This causes serious emotional and psychological harm to the child, separating them from their familiar and affective environment, and may result in irreparable damage to their development.
The penalties established in Article 225 bis of the Penal Code have as their primary objective the protection of the rights of the child and the guarantee of their well-being. Justice system aims to prevent children from being used as instruments of conflict, avoiding disputes between parents and promoting family stability and harmony.
The abduction of a minor child by an ex-partner is a distressing and heartbreaking situation for any parent. In such difficult times, having the support of a specialized criminal defense lawyer becomes crucial. They will protect the rights of the child and seek a prompt resolution to the conflict. At A&O Lawyers, your law firm specializing in criminal law, we will assist you.
Today, in this article, we will explore how our professionals at A&O Lawyers can collaborate in cases of child abduction by an ex-partner.
Legal advice and assessment of the situation:
Firstly, our lawyers specialized in criminal law will provide comprehensive and accurate legal advice. They will analyze the case in detail, evaluating the specific circumstances of the abduction, family background, and previous judicial or administrative resolutions, especially those related to custody or visitation rights. This will allow the lawyer to fully understand the situation and determine the most appropriate legal actions to be taken.
Filing a complaint and legal representation:
Our professionals will guide the affected parent through the process of filing a complaint for child abduction with the competent authorities. They will prepare the necessary documentation, gather relevant evidence, and properly submit the complaint, ensuring that all legal aspects are fulfilled correctly and timely.
Additionally, the lawyer from A&O Lawyers will be the legal representative of the affected parent throughout the process. This entails communication with authorities, participation in hearings, and presenting arguments and evidence in defense of the rights and interests of the child and the affected parent.
Coordination with relevant authorities and organizations:
A criminal defense lawyer will work closely with the police, family courts, and child protection services. The goal is to streamline the process, provide relevant information, and safeguard the interests of the child at all times.
Furthermore, they will be responsible for requesting precautionary measures to ensure the safety and well-being of the child while the case is being resolved. These measures may include restraining orders, travel bans, or the establishment of a provisional visitation schedule.
The involvement of a specialized criminal defense lawyer from A&O Lawyers, your law firm specializing in family processes, is vital. It may also involve negotiation and mediation between both parties. The objective is to seek agreements or solutions that protect the rights of the child and promote stability and family well-being. Our lawyer will act as an impartial intermediary, facilitating communication and seeking common ground that can prevent prolonged and costly conflicts.
In cases of child abduction by an ex-partner, the collaboration of a specialized criminal defense lawyer is essential to protect the rights and interests of the affected parent and the child. Their experience and legal knowledge will be crucial in guiding and representing the affected parent throughout the legal process, tirelessly working to seek a prompt solution and promote the well-being of the child amidst the delicate situation at hand.
Has your ex-partner abducted your child and are you feeling distressed? Unsure of what to do? At A&O Lawyers, your law firm specializing in criminal law in Spain, we will guide you throughout the procedure. Call us now.
Meanwhile, feel free to read our blog about the judicial process of divorce in Spain: