El traslado ilícito de menores en la crisis familiaraspectos jurídicos y psicológicos

Abstract

Whenever couples break up, there is concern over the consequences of parentś decisions for their children who are minors. The increase of mixed marriages and relationships, migratory flows, breakthroughs in communication, economic development, and the liberalisation of the conventional family institution, have broadened the array of family patterns, thus fostering the possibility of “child abduction” by one of the parents. Under our legal system, Spanish society has witnessed the impunity of parents who unilaterally decide to remove minor children to a foreign country, separating them from the other parent. As a clear response to this is required within the criminal code, as well as precautionary measures in the civil sphere, the basic law (or general public act of Parliament) 9/2002, of December 10, 2002, deems this behaviour a “statutory offence against family rights and obligations.” Considering the consequences for children, we find sufficient evidence of abuse of minors. We point out some proposals to take action, such as measures for prevention and intervention.