The Justice of Lanzarote grants custody of the minor abducted in Belgium to her father

The Court of First Instance of Arrecife (Civil Section) Number 4 has partially granted the lawsuit for parental authority, as well as for guardianship and custody filed by Gerónimo Fernández, the father who reported that his ex-partner and mother of the girl had abducted the minor and taken her to different countries without his consent.

The Court has granted the guardianship and custody of the four-year-old minor to her father, meaning the girl will live with him and he will be responsible for her daily care. The Chamber has supported its decision by stating that the father "offers greater social and labor stability" and has indicated "his conciliatory attitude." However, the Court has ruled that parental authority shall be shared by both parents, even though the father requested to exercise it exclusively.

Parental authority entails that both the father and the mother can decide on the girl's residence, education, healthcare, or religious and spiritual upbringing. The Chamber states that "it is not about imposing one's will over the other," but about "joint decision-making." At the same time, it urges to "realign the relationship of the family unit," establishing channels and mechanisms for communication.

The recent judicial ruling has stated that it "is not compatible with the rules of logic" that, as the mother claimed, the father is using the minor "as a weapon against her" and that he "decided to engage in a titanic judicial struggle" to recover the minor. The mother stated that in Belgium she did not want to hand over the minor because "she was afraid of not seeing her again" and assured that during the time they lived together "he used his daughter as a weapon against her."

At the same time, it has indicated that the mother's attitude has been "totally obstructive" and that she has made various trips to different countries without the father's consent, nor knowledge of her destinations. Furthermore, the mother will have to pay child support of 150 euros per month, which will be updated according to the Consumer Price Index. In the meantime, extraordinary expenses will be shared.

A procedure for the restitution of the minor in Belgium

In August 2025, this same Court ruled that the minor's departure from Spanish territory was "unlawful" and ordered that the then three-year-old girl be returned to Lanzarote within ten days. After the mother's appeal to the Provincial Court of Las Palmas, the decision to return the girl to the island was left to the Belgian justice system, where the minor was at that time and which is the mother's country of origin. 

In October 2025, the father requested the Belgian courts to return his daughter. Last March, the Court of First Instance of Antwerp, Belgium, granted the father's request and ordered the "immediate return" of the girl to Lanzarote and that she be handed over to her father. If the mother did not hand her over after three days had expired from notification, she would have to pay 500 euros per day of delay. 

In a ruling on May 7, the Court has maintained the prohibition of the minor leaving the country and the confiscation of her passport, as well as the prohibition of a new one being issued. Similarly, any change of residence outside the island will require authorization from both parents or prior judicial authorization. 

A supervised visitation regime 

During the first two months, the mother's visitation regime with the minor will initially be supervised at a Family Meeting Point (PEF). The mother will be able to be with the girl for three days during the week and also on Saturdays. After this period, the center must issue a favorable report in order to continue non-supervised visits at the same location for another four months. 

After six months, a new favorable report from the PEF will be necessary to be able to share alternate weekends with her daughter. On weeks when she does not have weekend visits, she will be able to share three afternoons from Monday to Friday. While when she is entitled to enjoy that weekend, she will be able to share two afternoons during the week. 

During the first six months, visits during holiday periods will continue to take place at the Family Meeting Point. If all favorable reports are issued, after six months, Christmas, Easter, and summer holidays may be divided.