Returning to Country of Origin with Children in Spain

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Oliver was very helpful and very quick to respond when messaging and calling. He made me feel at ease and comfortable when discussing private matters. Would highly recommend.
Jade Hewitt, Los Cristianos
Jade Hewitt
26 Aug 2021

Service Details

Returning to Country of Origin with Children

This service is available across Spain

Who Is This Service For?

This service is tailored for individuals residing in Spain with their partners and children, who wish to separate and return to their country of origin with their offspring. 

Our clients often face intricate legal hurdles when attempting to leave Spain with children post-separation. 

Navigating through family and immigration laws of Spain while managing the emotional toll of a separation can be overwhelming. 

Our specialized service aims to alleviate these challenges, ensuring a smooth transition back to your homeland with your children, abiding by all legal stipulations.


To avail this service, there are certain legal stipulations to be met.

The mutual agreement of both parents on the children’s relocation are crucial factors. In addition, the willingness and financial capability to comply with legal procedures are essential. 

Ensuring a legitimate reason for relocation and an amicable agreement on child custody arrangements can significantly smoothen the process.


  • The procedure entails an in-depth consultation to understand your unique situation, followed by gathering necessary documentation like marriage certificates, children’s birth certificates, and proof of residence. 
  • Thereafter, we’d file appropriate applications with the Spanish courts to seek permission for relocating with your children. 
  • This may include demonstrating a viable plan for the children’s welfare post-relocation. 
  • Throughout this process, we’ll negotiate with the other parent to reach a conducive agreement regarding child custody and visitation rights, ensuring compliance with both Spanish and international family law.


Upon successful completion of this service, clients can securely return to their country of origin with their children, having all legal obligations in Spain duly settled. 

This not only provides a fresh start in a familiar environment but also ensures the children’s well-being and continuous access to both parents. 

The assurance of abiding by legal protocols alleviates concerns regarding potential legal repercussions, offering peace of mind.

What Does This Service Consist Of?

With our comprehensive service, we strive to provide a smooth pathway for individuals seeking to embark on a new chapter of their lives post-separation, while ensuring the best interests of the children are upheld. Specifically, we offer our clients:

  1. Initial Consultation: Understanding your unique circumstances and objectives.
  2. Document Collection: Gathering all necessary legal documents.
  3. Filing Applications: Submitting required applications to Spanish courts for permission.
  4. Negotiation: Working with the other parent to reach a fair agreement on custody and visitation rights.
  5. Continuous Support: Providing ongoing legal advice and support throughout the process.
  6. Finalization: Ensuring all legal obligations are met for a seamless relocation.

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?