Sustracción internacional de menores: custodia no ejercida de hecho y traslado consentido del menor de un país a otro en el Convenio de la Haya de 25 octubre 1980 y en la jurisprudencia
International child abduction: custody not exercised in fact and consensual transfer of the child from one country to another in the Hague Convention of 25 october 1980 and in Spanish case law

Summary/Abstract: This study deals with the questions raised by the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction when it is alleged that custody of the child was not in fact exercised prior to the removal of the child and also when it is argued that the fact that the removal of the child has been consented to by the holders of custody rights. This paper explores the Spanish case law that has ruled on this ground for non-return of the child with an analysis of more than fifty court decisions.

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