QUESTION: Can my ex-partner travel with our children abroad when we have joint custody? Does he need my permission?
ANSWER: In the case when both parents have joint custody of a minor, the written consent of the other parent must be given, in order to leave Spain.
This can be done by a notarized letter in which the non-travelling parent accepts the trip of the minors for a fixed period of time.
Remember also that there is the LUXEMBOURG AGREEMENT, that protects minors against the legal kidnapping of a minor by a relative, in the case when a custody or visitation order has been violated, if a child is taken to a foreign country.
In Pellicer & Heredia our expert team will be happy to assist you on this or any other matter. Please do not hesitate to contact us.