Seven out of ten parental kidnappings are carried out by the mother


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The granting of a partial pardon by the Council of Ministers to Juana Rivas has shaken the media scene. The Granada mother was sentenced in 2018 to two years and six months in prison for the abduction of his two minor children. The Government measure will mean a reduction of the current sentence imposed on Rivas for a prison sentence of one year and three months, and the disqualification from exercising parental authority will also be commuted to a penalty of 180 working days for the benefit of the community.

But these facts are not isolated. In Spain there have been since 2010 some 3,000 kidnappings of children at the hands of one of their parents, according to the data handled by the National Center for the Disappeared.

Thus, each year there are about 300 extractions, or what is the same, almost one a day.

In 2018, 320 parental kidnappings were carried out in Spain, according to the annual report prepared by the National Center for the Disappeared under the Ministry of the Interior, which extracts data from the Statistical System of Crime, which in turn collects all criminal offenses detected by the Police National and the Civil Guard. According to a study by the International Center for Missing & Exploited Children, 73% of these are carried out by mothers (a figure that the Spanish association Niños sin Derechos raises even up to 92%). The report criticizes that Spain does not provide information on the gender of the parental abductor.

On the other hand, the Ministry of Justice explains that each year an average of 140 international parental abduction files and manages another 125 that it receives from other countries. These are the most complicated to solve because they consist of a minor from the country where he has his habitual residence being transferred to any other without any type of agreement between the parents.

In our country, only the abduction of a minor is considered a crime when your parent does not have custody, as stipulated in the Article 225 bis of the Penal Code. If the father or mother who is assigned him steals it, only a breach of the visitation regime would be contemplated and the corresponding administrative sanctions would be imposed.

The coronavirus has also changed the trend. In the absence of official data, the Spanish Association of Family Lawyers (AEAFA) claims to have detected during the summer of 2020 “An alarming increase” in retention cases of children abroad by divorced parents who excused themselves from the high incidence of Covid-19 in Spain and the lack of guidelines before the start of the school year.

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