A Tenerife mother will be tried this Monday by the Criminal Court number 3 of Alcalá de Henares, in Madrid, for a complaint filed by his ex-partner. The reason is that three years ago he picked up his son and brought him to Tenerife, presumably without the father’s consent. He fiscal Ministery requests for said woman, SBH, for a crime of child abduction and, alternatively, a criminal offense of disobedience, the penalty of two years and three months in prison, disqualification from the right to vote during the sentence and special disqualification for the exercise of the right to parental authority for five years. Alternatively, The Prosecutor’s Office asks for a year in jail and disqualification from parental rights for one year.
This newspaper got in touch with the aforementioned parent and her sentimental partner, who prefer to postpone their statements and make them once the aforementioned trial is developed. In any case, they ensure that she has sole custody of the child and they can prove it.
The private prosecution He also requested the opening of an oral trial and a sentence of four and a half years in prison, for the crimes of serious disobedience to authority (six months), child abduction (two years) and psychological abuse or degrading treatment (another two years) . In addition, the lawyer representing the father claims for the mother ten years of disqualification from the exercise of parental authority, as well as compensation for the minor of 25,000 euros (which will be deposited in a fund for their university studies) and an additional 12,000 euros for the complainant for the expenses generated in all his transfers to Tenerife, as well as for the non-material damage generated.
According to the private prosecution in this matter, the minor, who is 9 years old today, was allegedly abducted by his mother in Madrid and taken to the municipality of Buenavista del Norte in 2017. The couple separated in 2015, but the following year the child’s mother returned to Íñigo’s home, where she lived until 2017, although there was no emotional relationship. During that stage, the parent paid a concerted school to the child, in which he had a doctor to treat him for his chronic illness, as well as the maintenance pension. So, the woman decided to return to Tenerife.
The father opposed the child’s return to the island with his mother and requested a modification of the custody agreement and precautionary measures so that the child would not travel to Tenerife. And the judge admitted the modification of the measures provisionally and urgently. Based on the arguments put forward by the father, Íñigo Tapias, who for years had his work assignment in Tenerife, he had sole custody of the child at the time the alleged abduction of the child occurred.
In Alcalá de Henares
The parent obtained custody of his son in September 2017, by means of an order of the Court of First Instance number 6 of Alcalá de Henares. The aforementioned document includes in its foundations of law that “the minor will attend primary school first and have a reserved place at the Educrea El Mirador school”, which he attended the course prior to said resolution.
In the car it was specified that the aforementioned school He had a specialized doctor who controlled the child’s disease. At that time, the aforementioned judicial body established that, “in case of persisting in the breach of said custody and custody regime, monthly coercive fines of 50 euros will be imposed” on the mother.
But the mother continued with his project of establishing his residence and that of the minor on the islandTherefore, he decided to enroll him in a nursery and primary school in Buenavista del Norte. The complainant sent several burofaxes to the Ministry of Education of the Government of the Canary Islands so that the child would not be enrolled in said northern municipality or in any other school in the Archipelago, to the extent that he already had a place in Madrid. But that requirement was not taken into account, according to the complainant.
In such circumstances, Íñigo Tapias make different trips to Tenerife. Outside the mother’s home, he requested that the minor be handed over to him, but his demand was not met. He also went on various occasions to the boy’s school, sometimes accompanied by the Local Police, at other times by the Civil Guard.l. But on no occasion did the director of the center agree to his claims.
For that reason, the child’s father filed a complaint against the school director, the zone inspector and the former territorial director of Educationn. The latter was accused by Tapias of administrative prevarication, but said actions were filed in a Court of Icod de los Vinos.
At this time, the complainant explains that his lawyer is processing a request to reopen this last procedure, since, according to what he states, he has documentation that proves that, despite having sole custody of the child at that time, the delivery was denied in several occasions.
Regarding the order of September 2017 issued by the aforementioned court of Alcalá de Henares, the new judge of that body Tapias requested 11 executions of sentence, but no action was taken, according to him. And a year and a half later, in March 2019, the aforementioned order that granted sole custody to the father was revoked and in the trial held for that fact, he is not allowed to present documentation. From that moment on, it is the mother who has sole custody and the father was given the possibility of visiting the child.
Three years without seeing the minor
Íñigo Tapias regrets that at this time he has the right to visit his son, but he has not seen him for three years, presumably because the mother does not allow it. This situation has already been notified to the Prosecutor’s Office, in case there was a new breach of the parent in the aforementioned regime and if another alleged crime of disobedience had occurred. For several years, Tapias has spent several hours a day “working” to try to see his son and hopes that the Justice Administration will also watch over his rights.