Many separated children arrive to Spain. This phenomenon began in nineties and has increased in the last years. There is a situation of conflict between the separated children and the public administration that has these minors under its guardianship. This conflict questions the efficiency of minor’s Law and is a relevant obstacle for its practical application. The purpose of this paper is to analyses the legal situation of the separated children in Spain, to expose the difficulties faced in asserting the best child’s interest and the possible solutions to ensure that their rights do not remain on paper. © 2018 Revista de Derecho Civil. All rights reserved.

Guardianship under public administration Separated foreign children Minor`s Law Age assessment Declaration of abandonment Minor’s repatriation

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