You Granted Permission to Your Ex-Partner to Take Your Children to Another Country and They Don’t Return

You Granted Permission to Your Ex-Partner to Take Your Children to Another Country and They Don't Return

You Granted Permission to Your Ex-Partner to Take Your Children to Another Country and They Don’t Return. If you find yourself in the situation of having granted permission to your ex-partner to travel with your children to another country and are now facing difficulties in having them returned, it is important to understand your rights and legal options.

In this article, we will address the key issues related to this scenario, consulting with family law expert Mar Berenguer.

Rights and Obligations if You Granted Permission to Your Ex-Partner to Travel with Your Children to Another Country

In general terms, when you give permission to your ex-partner to travel with your children to another country, you are exercising your parental authority and sharing the joint responsibility for caring for and making decisions regarding your children. However, it can be stipulated in the regulatory agreement the possibility of traveling within the European Union with a simple notification to the other parent. For travels outside the European Union, it is recommended to communicate the departure and return dates of the trip, accommodation details, and other relevant information, preferably through a certified letter.

You Granted Permission to Your Ex-Partner to Take Your Children to Another Country and They Don’t Return. It is important to note that even though one parent has the right to travel with the children within and outside the country, there are three exceptions in which the other parent can object:

  1. If the destination country is considered a risk by the Ministry of Foreign Affairs and Cooperation, the parent opposing the trip can resort to an urgent legal procedure to prevent the minors from leaving the country.
  2. If the regulatory agreement approved in a court judgment or order establishes the impossibility of leaving the country due to the risk of international child abduction.
  3. If the destination country is not a signatory to the Hague Convention.

Furthermore, the expenses related to these trips should be borne exclusively by the parent planning the trip. If, on the scheduled return date, the parent refuses to return the children, it is considered child abduction, which requires the initiation of legal proceedings such as filing a report of kidnapping with the relevant authorities, enforcing a judgment for non-compliance, or filing an international child restitution lawsuit through the Spanish Central Authority.

Obligations of Your Ex-Partner After Traveling Abroad with Your Children

If you have granted permission to your ex-partner to travel abroad with your children, they must fulfill certain obligations:

  1. They must inform you of the precise location of your children during the trip, including the country, the hotel or accommodation address, the departure date, and the expected return date. If there is a change in location during the trip, they must notify you immediately, as you have the right to know the whereabouts of your children at all times.

Expiration of Authorization to Travel

The authorization you granted to your ex-partner for your children to travel abroad expires on the day after the agreed-upon return date unless unforeseeable circumstances, such as flight delays or cancellations, occur, with prior notice to the other parent.

If you granted authorization without specifying the return date, you should consider the vacation periods established in the regulatory agreement included in the court judgment. For example, if the regulatory agreement states that your vacation period begins on August 15th at 10 a.m., the authorization will be considered terminated on that date, as you authorized the trip during that period or any other previously agreed upon via email or certified letter.

What to Do If You Regret Granting Permission for Your Children’s Travel

In principle, if you granted permission for your children to travel with your ex-partner, it is assumed that there are no reasons to doubt that they will return after the vacation period. However, if after granting permission, your ex-partner informs you of their intention not to return with the children, which is more common than it may seem, you can take legal actions.

You can go to court to prevent the children from leaving the country if they have not yet departed or file a report if they have already left the country to ensure their immediate return.

It is important to remember that due to well-known cases of child abduction, border agents are instructed to pay attention to minors, whether they travel alone or with one of their parents. They may request relevant documentation to verify parental authority, and if they suspect that a minor is being transported unlawfully, they may require authorization from the other parent.

Can Your Ex-Partner Refuse Communication with Your Children After Authorizing the Trip?

No, your ex-partner cannot deny you communication with your children. The right to communicate with one’s children is a right of the minors protected by international treaties. Children have the right to maintain regular relationships and communication with their parents, even if one parent moves to another country after a divorce. The only limit to this right is if it poses a danger to the physical, moral, or psychological safety of the child.

Can You Report Your Ex-Partner for Not Returning Your Children After Authorizing the Trip?

Yes, you can report your ex-partner if they do not return your children after granting permission for the trip. Granting permission for them to travel abroad does not give them the right to retain the minors in a country that is not their habitual residence. This situation is considered international child abduction, which is a crime under the penal code.

It is important to note that, although most cases of international child abduction are committed by one of the parents, anyone can commit this crime. Contact Us for further Information.

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