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Taking a child without the other parent’s consent, or retaining them in breach of a judicial decision, can be the child abduction offence of Article 225 bis, with two to four years of imprisonment and disqualification from parental authority. With a border in between, the Hague Convention’s restitution machinery activates.
In brief. The offence is committed by the parent who removes or retains in breach of decisions; de facto custody matters. Prior consent of the other parent, proven by messages, destroys the offence: verbal authorisations should always be documented before the trip. And the premium time limits are literal: communicating the whereabouts or returning the child within twenty-four hours exempts; restitution within fifteen days attenuates.
Article 225 bis punishes the parent who removes a minor from their residence without the consent of the parent with whom they habitually live, or of the persons or institutions to whom the child is entrusted, and the parent who retains the child in serious breach of a duty established by judicial or administrative decision. De facto custody matters: the non-cohabiting parent who retains commits the offence, but so does the custodial parent who relocates circumventing contact and communication decisions. Prior consent of the other parent, proven by messages, destroys the offence, which is why verbal authorisations should always be documented before the trip.
Where the child is taken abroad, or a condition is demanded for restitution, the penalty is imposed in its upper half, and the Hague Convention of 1980 activates: the State of refuge must order the return save narrow exceptions (grave risk, integration after one year, opposition of a mature child), reinforced in the EU by Brussels II ter with six-week deadlines per instance. The criminal route presses; the Hague route recovers. Every week of delay favours the child’s integration in the new country: speed is the strategy.
| Question | Rule | Framework | Key point |
|---|---|---|---|
| Basic offence | 225 bis.1 | 2 – 4 years + disqualification 4 – 10 years | Removal or retention in breach of decisions |
| Removal abroad | 225 bis.3 | Upper half | Also any condition demanded for restitution |
| Exemption | 225 bis.4 | No penalty | Whereabouts communicated or child returned within 24 hours |
| Attenuation | 225 bis.5 | 6 months – 2 years | Restitution within 15 days |
| Inducement | 224 – 225 | Lower penalties | Adoctrination proven with expert evidence |
| Hague route | Convention 1980 | Return ordered save exceptions | Grave risk, one-year integration, mature child’s opposition |
| EU reinforcement | Brussels II ter | Six weeks per instance | Speed is the strategy |
| Relocation | Family route | Judicial authorisation | Before packing, not after |
This framework is indicative; each case depends on the custody decisions in force, the countries involved and the specific circumstances.
For the parent whose child has been taken abroad, everything is launched at once and in hours: the criminal complaint under Article 225 bis.3, which activates location orders and alerts; the Hague restitution request before the Spanish Central Authority; and urgent measures in the family court. Every week of delay favours the integration exception in the new country.
For the parent who left, the premium periods are equally literal: communicating the whereabouts to the other parent or the court with verifiable means stops the criminal clock, and a well-executed restitution turns prison into atypicality. The justified-cause defence, flight from violence, is built with prior complaints, medical and psychosocial reports and the immediate judicial communication of the whereabouts; what destroys it is prolonged clandestinity. We advise against the clock on both sides of these cases.
Removal to another country or retention after contact: complaint, Hague request and family measures launched simultaneously.
Those who left with the child: premium deadlines, justified cause and an orderly restitution that changes the outcome.
Flight with the child for protection: the justified-cause defence built with reports and immediate judicial communication.
Mixed couples on the coast: relocation authorisations before moving and coordination with foreign counsel.
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