International Child Abduction

Spain

August 2000

Disclaimer: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

The Hague Convention on the Civil Aspects of International Child Abduction came into force between the United States and Spain on July 1, 1988. Therefore, Hague Convention provisions for return would apply to children abducted or retained after July 1, 1988. Parents and legal guardians of children taken to Spain prior to July 1, 1988 may still submit applications for access to the child under the Hague Convention.

Please Note: Do not wait to get a custody order to begin the application process. Submit your completed, signed, application as soon as possible.

Application requirements of the Spanish Central Authority are listed below. The Spanish Central Authority requires all documentation submitted to be accompanied by complete Spanish translations. Translations do not have to be "official" or certified, but applicants should ensure that the translations are both accurate and complete. A complete Hague application should include the following:

1. The U.S. Central Authority application form. This form is also located on pages 31 and 32 of the U.S. Central Authority’s brochure, International Parental Child Abduction. Please refer to pages 23 through 27 of the brochure for instructions on completing the application form. An application form already translated into Spanish is also attached to this flyer.
2. The Spanish Central Authority will provide pro bono (no fee) legal assistance during Hague proceedings before the appropriate court in Spain. The individual representing you will do so only for the purposes of the Hague matter, not for custody or divorce proceedings. The attorney is a "state lawyer," similar to an assistant U.S. attorney general, and is an employee of the Spanish Ministry of Justice in the Spanish state where the child is located. The Spanish Central Authority requires all communication to be through the U.S. Central Authority, who will relay all information. You may identify your own attorney to represent you before the courts; however, all legal fees will be your responsibility, and the Spanish Central Authority’s only role would be to contact the attorney you selected to request a status report.
3. A copy of either the court order in effect when the child was taken to Spain or the state law which establishes the applicant’s right to custody. A Spanish translation of the applicable section of the court order or the law must be included.
4. Photos of the child and the taking parent. These photos will not be returned to you.
5. Two sets (one original and one complete photocopy) of all documents and photos, one in English and one in Spanish.

 

Please remember:

• It is essential to provide as much information as possible regarding the location of your child, including the street address and name of the city if possible. If this information is not available, you should provide whatever information you have regarding the taking parent’s relatives and friends in Spain, including names, addresses, and telephone numbers. If you do not know where your child is located the Spanish Police, on behalf of the Spanish Central Authority, will conduct a search based in the information you provide.
• Once the child is located, the practice of the Spanish Central Authority is not to approach the taking parent; instead the state attorney immediately initiates a case before the Court of First Instance of the place where the child is located.

 

Please note that the documentation listed above should be submitted to:

The United States Central Authority

Office of Children's Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

OR

The Spanish Central Authority

Secretaría General Técnica
Subdirección General de Cooperación Jurídica Internacional
Ministerio de Justicia
Calle San Bernardo 45
28015 Madrid
España
Telephone: 011 [34] (1) 390-4429
Fax: 011 [34] (1) 522-1539

 

OR

Through a private attorney in Spain

Please do not hesitate to contact the U.S. Central Authority with any questions.

Mr./Mrs.: ___________________________________________________________________

of profession ________________ and residence in __________________________________

EMPOWERS, in accordance with the requirements set out in Article 28 of the Convention on the Civil Aspects of International Child's Abduction and in Article 13 paragraph 1(a) of the European Convention on the Recognition and Enforcement of decisions in the matter of Custody of Minors and on the Restoration of that Custody, the STATE CENTRAL AUTHORITY OF SPAIN or the Person appointed by this Central Authority to act on my behalf.

 

Place, Date, Month, Year

___________________________________________________________________________

 

 

 

Signed: ___________________________________

D./Dª ___________________________________________________________con profesión

_____________________ y domiciliada en: _______________________________________

___________________________________________________________________________

A U T O R I Z A, según lo exigido en el artículo 28 del Convenio sobre los Aspectos Civiles de la Sustracción Internacional de Menores y artículo 13 párrafo 1(a) del Convenio Europeo de Reconocimiento y Ejecucion de decisiones en materia de Custodia de menores y Restablecimiento de dicha Custodia, a la AUTORIDAD CENTRAL DEL ESTADO de ESPAÑA o a la persona designada por esta Autoridad Central para actuar en mi nombre.

 

(EN MAYUSCULAS Y CON LETRAS CLARAS, NOMBRE Y APELLIDOS DEL SOLICITANTE).