Tenerife Mother Sentenced to Prison for Child Abduction After Unauthorized Move

A court in Santa Cruz de Tenerife has sentenced a mother to two years and six months in prison for child abduction after she moved her daughter from Tenerife to Seville without the father's consent.

The ruling, issued on May 28, highlights the Spanish justice system's strict stance on parents making unilateral changes to a child's residence following a separation. Although the couple did not have a formal custody agreement in place during the summer of 2023, the judge noted that they were effectively sharing custody. The court emphasized that the lack of a legal document does not give either parent the right to move a child arbitrarily, especially when it prevents the other parent from maintaining a normal relationship with them.

During the trial, the mother’s legal team argued that the move was necessary to protect the child from domestic violence. However, the judge rejected this claim after reviewing evidence, including text messages and a draft agreement that suggested the parents had a cordial relationship and were making plans together. The judge also pointed out that the mother had purchased travel tickets well in advance, which contradicted her claim that the move was an emergency escape from abuse.

This decision aligns with Supreme Court rulings that prioritize a child’s right to maintain stable bonds with both parents. In addition to the prison sentence, the mother has been disqualified from exercising parental authority for four years and must cover the legal costs.

The ruling is not yet final and can be appealed to the Provincial Court of Santa Cruz de Tenerife. The judge concluded that by moving the child without the father’s permission or a valid legal reason, the mother violated the child's right to family stability and contact with her father.