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English mom, Spanish kids, marriage breakdown - law

Sad story and all help appreciated.

Have a friend who is an English female, she moved to Spain to work married a Spanish guy and had 3 kids. The kids have Spanish passports and were all born in Spain.

The marriage has broken down after several years, the kids are 8,10,and 12.

Friend wants to return to UK with kiddies but father obviously isnt going to let that happen.

Whats the situation, how would this pan out? Has mum any rights? father has all family in Spain mum has no one, all her family in UK. Is there any chance the courts would allow mum custody and have kids in UK or is this going to be difficult and kids stay with dad in Spain?

Help please,
All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.

Comments

  • tyllwyd
    tyllwyd Posts: 5,496 Forumite
    I don't know, but I think this would be covered under Spanish family law rather than UK law. This might be a starting point
    http://www.familylawweek.co.uk/site.aspx?i=ed24921
  • pinkshoes
    pinkshoes Posts: 20,677 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think Spanish family law goes with what's best for the children, favouring equal time with both parents.

    What would the kids want?

    I don't know much about family law, but I doubt the court would let you uproot 3 children to another country if the father didn't agree. Perhaps father could have custody, and friend could move back to UK and have them in school holidays?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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