ASIME - Analysis of the applicability of the new child abduction specific proceedings in Spain  

1 The entry into force on July 23rd 2015 of Law 15/2015 that established, at internal level, new rules related to measures relating to the return or return of minors in cases of international abduction of minors has been a breakthrough for our domestic legal system which finally guarantees to the parties a correct applicability and compliance with the terms of the Hague Convention of 25 October 1980 on the civil aspects of international child abduction.

Before this recent reform in order to process new statistical data and examine the activity of the Spanish courts in this matter.  ASIME has launched a research project along with the collaboration of Professor Javier Carrascosa through the following survey.
This survey is addressed to all those professionals who have had their own experience of a case of international child abduction in Spain after the entry into force of the reform of July 23 of Law 15/2015. It would be of great interest that together with the survey facilitate to ASIME by e-mail the final Judgement of the case

2 When was the application sent to your Central Authority? (*)

3 When was the application issued in Spain? (*)

4 Was the Applicant represented by a State Lawyer or by a private instructed lawyer? (*)

5 When was the date of the Judgement in First Instance?

6 When was the date of the Judgement in Second Instance, if applicable?

7 Which were the defenses alleged?

8 Did the parties try to resolve the application the application through mediation? If so, who was the mediator? What was the solution?

9 What countries were involved? (*)

10 Was the child heard in the proceedings?

11 How old was the child? (*)

12 How was he/she heard?

13 Was child's voice taken into account? (*)

14 In case of a return order, was it set out in the order how the execution of the return will be taking place?

15 Any observations or comments to the applicability of Legislation?