International return of a minor

The mother of a minor requested that her child return to Germany from Spain. She argued that the father had taken him and was keeping him here without her consent . A first court rejected the request and she appealed. The Provincial Court of Alicante (AP) has also denied the return.

The family had lived in Ukraine and later settled in Berlin. Although a previous divorce agreement granted custody to the father , in Germany the child spent time with both parents. Therefore, the Court understands that the two should agree on the minor's exit from the country. It also confirms that Berlin was his habitual place of residence before the move.

The key to the case lies in what the mother did before the trip. During 2025, both discussed the child studying in Spain . She visited the school and the father's house, traveled to Spain and, in early January 2026, signed the enrollment for the first semester . For the Audience, AP those facts show that accepted that the minor lived with his father and attended class here during that period, although the stay was presented as a trial.

Shortly before the move, the mother expressed by message that she did not feel prepared to live separately from her son and proposed to continue talking. The father moved the child to Spain on January 28 without notifying him in advance. The AP considers, however, that that message did not withdraw clearly the previous authorization . The opposition she expressed after the trip did not make the transfer, initially consented, become unlawful from the outset.

The AP reaches the same conclusion about the minor's stay in Spain , at least until the lawsuit was filed on June 30,2026, there was no date clear on which it should end the stay test. Thus, it confirms that the minor must not be returned to Germany through this procedure. The decision does not determine with whom the child should live permanently; that issue corresponds to the family procedure.

In situations of conflict between parents in the exercise of parental authority, our professionals will know how to provide you with appropriate advice and defense of your interests and those of your children.