1.1 The beginning in the face of a disappearance

The beggining

As experts, the first thing we have to know is the typology of the disappearance and the physical and social characteristics of the missing person and to do this we will have the first document that must reach our hands: the disappearance report.

In this document, the family makes a first statement about the disappearance, as well as the last moments about the information they have about the missing person. In it, the security forces reflect the typology of the disappearance at first and after the information provided by the family.

It is always advisable to consult with organizations and professionals specialized in missing persons cases for additional guidance.

Missing

Questions without answers.

What happened to it? As? Where? Because? To return to? Now what?

Reproaches and feelings of guilt, questions that hammer the heads of families and cause significant damage to mental, social and family health and in many cases an economic imbalance to resolve, and legal measures that must be addressed immediately.

Disappearances are a social and emotional phenomenon. Not just numbers to register.

The simple act of being present and offering emotional support can go a long way.

The complaint

What to do when a family member disappears?

The first 72 hours are important as they allow extreme measures to be taken to find the missing person. Among other things, because it is possible that it is still close to the home or place of disappearance, especially in the cases of children and elderly people, and at the same time it will be possible to secure evidence and obtain recent testimonies.

However, before proceeding to file the complaint, it is advisable that the closest relatives and friends check the address or the place where the person was last seen so that the person has not suffered an accident at home, is hidden or injured due to any circumstance and especially when it comes to children or minors who can hide in small spaces, also in the cases of elderly people or people with cognitive problems who can become disoriented.

The family and relatives will try to gather information, observe any signs that may suggest a disappearance, farewell letters, emails, messages on social networks or messaging applications, etc.

Once all the checks have been carried out and there is no clear response to the person’s absence, the report will be made.

To whom should I make the complaint?

As soon as you have completed all the procedures that you consider appropriate at that moment and therefore you are certain that your family member has disappeared, you must immediately go to the country’s police unit, to imminently REPORT.

What I need?

1. Basic data of a complaint
2. Name and surname of person reporting the disappearance.
3. Name and surname of the missing person.
4. Birthdate.
5. Sex.
6. Nationality.
7. Address of habitual residence.
8. Approximate day and time of disappearance or last contact.
9. Physical description of the missing person.
10. Height, age, physical complexion, hair color, eye color, clothing, scars, moles, items he was carrying before his disappearance.
11. recent photo
12. Medical health information
13. Addictions, mental health problems, cognitive problems, difficulty walking, need for medication and if they know you carry them.
14. Person who is a victim of gender violence or with some protection measure
15. Recidivism
16. Problems with the language where the complaint is made.
17. Escaped from a juvenile center or another type of center.

Important tips

It is very important that you request a copy of the complaint.

Save the missing person’s comb and toothbrush for DNA testing.

It will be necessary to ask the State Security Forces when the complaint is going to be sent to the Court and thus, they know which Court it will be sent to, so that the family of the missing person can appear in the case.

What if the disappearance is due to a parental kidnapping?

Report to the nearest police station with all the documentation that may be necessary, among which are considered vitally important, in addition to the divorce decree or measures of children from de facto unions if applicable, the printing of social network screens , mobile messaging, email, etc. where the intention of the other parent to take the minor out of the country where he or she resides is reflected, telephone recordings in the same sense, in this regard, state that the recording of a telephone call is no means of proof if it is not has the authorization to another person, unless this is proving the commission of a crime, in which case the Judges admit this type of evidence), as well as any other document or witness that proves that the minor may be a victim of parental kidnapping. .

When filing the complaint we must insist on our well-founded and rational fear that the other parent will take the minor out of the country of origin of his residence, with the consequent problems that this would entail and the existing difficulty that if the minor were abducted and taken to another country without the consent of the complainant, given the little collaboration on the part of some countries in this regard, it would take years for the minor to return to the country of origin of legal residence, thus violating the child’s right to be with his/her father/mother.

Complaint before the Court of Duty with the same documentation and under the same terms.

• Communication by email to the Ministry of Foreign Affairs, Ministry of the Interior and Ministry of Justice, as well as to the Embassy and/or Consulate of the other parent’s native country to warn them that you disagree and do not give your consent for the minor leaves Spain and that he also does not agree and does not give his consent for any passport to be issued to the minor.
• Immediately initiate a change of measures and regime in the Family Court, alleging and demonstrating with the complaints filed and documents provided to it, the intention of the other parent to leave the country of legal residence and move with the minor to another country and this without consent or authorization.
• Buro-fax to the other parent warning them that you do not give consent for the minor to leave the country of legal residence without their express and explicit authorization, and warning them that if they did so they would be reported for an alleged crime of CHILD ABSTRACTION.

Although all disappearances are worrying and require prompt action, taking into account that the first hours are essential, in the case of minors and older people with illnesses or physical or mental deficiencies, these disappearances are considered high risk and require action. more urgent.