Leonor Pérez Durand periodista

"I don't want to sleep, I'm afraid of waking up and this is just a dream".

Two months after the social services in Zaragoza, Spain, took him into custody and separated him from his family, without respecting his status as a Dutch citizen, Lucca has returned to his parents' side thanks to the correct application of international private family law. But he still can't believe it and fears returning to the nightmare of being away from his parents.

Text and research: Leonor Pérez-Durand/ Journalist

"I feel like I did when I gave birth to Lucca 10 years ago. From this 22 August 2022 my son has a new birthday and a new mum, because without Joanna we would not have made it. We cannot describe in words what this whole journey means to us. We are still inside a dream. Today is the first day of our new lives with a new purpose. We are so grateful for all the support we have received.

Linda and Louis feel whole again, Lucca has been returned by the Subdirección de Protección a la Infancia y Tutela del Instituto Aragonés de Servicios Sociales and is back with them. On the 12th of July, this family's joy and experience counter came to a halt when social services workers accompanied by a police squad - dressed to counteract disturbances - entered their farm and took Lucca, their 10 year old child, away. Today their time together is back on track thanks to Joanna Pachwicewicz, who was able to impose the right legislation in this case.

The mediator

"The social services of Aragon dealt with Lucca's case under the domestic regime and separated him from his family in violation of the international laws governing the guardianship of cross-border children, and they did so taking advantage of the fact that the families are unaware of these laws. Unfortunately, in all the cases I know of foreign children taken into care by the Spanish social services, their ignorance of the system is evident," Joanna Pachwicewicz told teleoLeo.com.

"International guardianship laws allow for the trafficking of minors and this is the subject I will address in my PhD on the application of the Hague Conventions, tools of international private family law in the protection of minors. However, if you know the laws to apply and you tell the social services that they are violating them, they must correct and amend them, as has been the case with Lucca, where I have managed to get him returned to his parents through intense and efficient mediation," adds Pachwicewicz.

"Since Lucca was placed under the guardianship of the Subdirección de Protección a la Infancia y Tutela de Aragón, I have been repeating to this office that since he is a Dutch child, without habitual residence in Spain, his case should be heard under the Brussels II bis Regulation. By recovering it, it has been demonstrated that any guardianship of a foreign child that does not meet the minimum standards of legality and is given in violation of article 6 of the ECHR, via administrative procedure, must be declared null and void", concludes Pachwicewicz.

Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)

Lucca's parents were never informed or notified of their son's guardianship in a language they understood. Spanish has been the only language in which the social services of Aragon communicated with this Dutch family, although they repeatedly asked to be notified in English. "We have seen the parents' social networks and they are in Spanish, besides, the child says that his parents speak Spanish" Pachwicewicz was told when he claimed this, however, Lucca says that he always said that at home they spoke Dutch and English.

Rescued in strict application of the law

"In Zaragoza on the 22nd of August 2022, the parents of the minor appear in the offices of the Sub-Directorate of Child Protection and Guardianship of the Aragonese Institute of Social Services and the official in charge of the proceedings is present". This is the heading of the document in which María Ferrer Garcia, Head of Section of Prevention and Protection of Minors and Lucca's parents are present as the official in charge, and by means of which the child is reintegrated into his family.

"Our son is handed over to us and we are informed of the termination of the precautionary guardianship". This is another of Pachwicewicz's achievements, as the social services of Aragon, despite the fact that it was demonstrated to them that their actions in guardianship of Lucca had been irregular, intended to extend her guardianship by transferring her to Holland, however, she made them understand that this situation could not be because the alleged reason for the precautionary guardianship of the child had disappeared.

Read more about the story of L.A.W. on the website of the author Leonor Durand Perez Periodista www.teleoLeo.com