A Ukrainian mother has been expelled from Spain after she was convicted of neglecting her daughter while living on the Costa del Sol.
The ruling was this week upheld by the High Court of Justice in Andalucia (TSJA) after the mother launched an appeal.
The case dates back to 2021, when both the mother, a Ukrainian national, and the girl’s Russian father were convicted of child abandonment after their daughter repeatedly failed to attend school during the 2019/20 and 2020/21 academic years.
A court in Fuengirola sentenced both parents to a four-month fine after finding them guilty of neglecting their parental responsibilities.
Following the conviction, Andalucia’s child protection authorities placed the girl, who was 12 at the time, into residential care after declaring her to be in a situation of abandonment.
The mother later challenged the Spanish government’s decision to expel her from the country, arguing that her family circumstances should allow her to remain.
However, the TSJA has now dismissed her appeal, ruling that there were insufficient grounds to apply protections linked to family life or the best interests of the child.
Judges noted that the daughter, who is now 17, spent years in Andalucia’s care system and reportedly received no visits from either parent.
According to the ruling, she only received five telephone calls from them, with the last taking place in June 2021.
The court also pointed to the mother’s criminal conviction as a significant factor.
Under Spanish immigration law, criminal records can prevent foreign nationals from obtaining or renewing residency permits.
Government lawyers backed the expulsion order, arguing that the child remained in a vulnerable situation because of her parents’ failure to ensure her education and welfare.
The expulsion carries a three-year ban from Spain and the wider Schengen Area.
Despite confirming the expulsion order and a three-year Schengen entry ban, the court noted that Spain is currently not carrying out removals of Ukrainian nationals because of the ongoing war with Russia.
