The restitution of minors illicitly retained in Spain and the exception of serious risk in light of the judgment of the Provincial Hearing of Barcelona of october 6, 2020

Abstract

The present work analyzes, in the light of the litigation resolved by the Provincial Court of Barcelona, the issues that currently raises the international abduction of minors. The peculiarities that these situations present and, in particular, the connection with situations of family, domestic or gender violence, lead us to question the adequacy of the system traditionally established in order to protect the interests of the minor illegally detained. The allegation of serious risk as an exception to the immediate return of the minor requires an evidentiary practice that, at times, is difficult to combine with the establishment of an agile and fast process. Likewise, in the current health circumstances, it is necessary to articulate mechanisms that make it possible to guarantee the protection of minors, authentic victims of international abductions.