Can my ex-partner travel abroad with our children when we have joint custody?


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.

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PELLICER & HEREDIA is one of Spain’s most dynamic law firms, consisting of a multi-skilled staff, fluent in English and with many years of experience in dealing with Spanish law. In addition, a substantial amount of our work has an international aspect. We regularly act for foreign companies and private individuals representing their interests in Spain on both transactional and litigation matters. If you have any further questions about this or any other legal matter, please do not hesitate to contact us - we have a team of experts standing by to assist you in any way we can. Call 965 480 737 or email


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