The Court of First Instance number 4 of Arrecife has granted the request of a father who reported the "international abduction" of his daughter by his ex-partner. Thus, the Court has given the mother ten business days to return the minor to Spanish territory, specifically to Lanzarote.
The Court has also imposed on the mother the payment of the legal costs and the expenses of the minor's trip to Spain, based on compliance with the 1980 Hague Convention.
The father of the minor reported on July 23 that his ex-partner had taken their common daughter out of Lanzarote and Spain without his consent, despite the fact that they both have parental authority over the girl and that there was an express prohibition preventing the minor from leaving the country.
In addition, during trips to different countries, "the girl contracted an intestinal parasite because she does not have the mandatory vaccines when traveling to these tropical countries."
On the other hand, the father assured that "there were reports from nannies who have been hired in these places to take care of the girl and were not paid." In fact, the mother published several advertisements on social networks where she was looking for people who could work as a nanny for hours. Likewise, he pointed out that the minor's mother "does not relate the girl to other children and does not want to enroll her in school."
The judicial body of First Instance has highlighted that "there was no consent whatsoever" and that the mother took the minor out of the country "unilaterally and voluntarily, breaching the rules of shared parental authority."
In this sense, the Court has stated that the mother should have had the father's consent to leave Spain with the girl. However, the mother "did not provide any valid proof" confirming that such consent existed and traveled with the minor to other countries such as Sri Lanka and India.
According to the judicial ruling that La Voz has had access to, a judicial resolution from last March expressly prohibited the minor from leaving the country, although this ruling had not been notified to the mother before the minor left the country, but three "reliable" notifications were sent to the address of the defendant's father in Belgium.
Finally, the Court has dismissed the claims of the mother, who alleged that the Court of Arrecife did not have territorial jurisdiction to rule on the international abduction of the minor. However, this Court has indicated that the minor had her habitual residence in Lanzarote and that, therefore, it is competent to judge the case.