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This forum offers parents the opportunity to voice their own experiences of international parental child abduction, and related issues, and to share useful information with others in a similar situation.

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wife wants to take our son to bulgaria

by peter / Posted 31/01/2009 / Updated 08/12/2014

hi,
was wondering if anyone has had to go through spanish courts for divorce and custody? we live in spain, my wife is bulgarian and i am british and my son was born in the uk, we have lived in spain for 6 years, my son is 6 we moved here when he was a baby, but now my wife wants to take him to live in bulgaria, but i am fighting this, has anyone any advice or knowledge of what may happen under spanish law?

Responses

From andy anderson / Posted: 08/12/2014
Hi, I am british but have lived in bulgaria for 16 years...and have a son born in germany to a german mother, though have obtained a british passport for him. basically ive explored the rules in the UK, Germany and Bulgaria - the basic situation is that the jurisdiction of the country of residence applies. Your son is British by birth and residing in Spain there Spanish rules apply and you need to see a spanish family lawyer to find out if your wife needs your permission to take the child abroad without your permission. shouldnt be expensive for a quick application. if she breaks the law its child abduction, and bulgaria is an EU member which takes father rights seriously.
From mike / Posted: 08/12/2014
Your best bet is to talk to one of the solicitors recommended by Reunite! Normally a one hour consultation will give you a good idea of what you need to do!.. I wish i had done it much earlier!.. Your partner will have to apply for a relocation order, perhaps as your child was born in the UK the British family court system is where you will get the issue resolved!.. have a good look at the documents/research on this site also.. Payne v´s Payne i think it is, but it demonstrates what the court system looks for in making a decision, of course the child is paramount in this, but great importance is given to the ´prime´ carer and what effect the situation is having on them and in turn their future happiness / ability to offer a better future!.. I really hope you can work it out and that it does not go that far!... Good luck.

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