can my son be forced back to spain aged 12

Unfortunately at the moment this boils down purely to a decision based on the law relating to jurisdiction and if the child is settled in Spain, has been here for the summer and not been returned there is every chance your son will need to be returned to Spain until the issue of residence can be determined by a Spanish court.

he has said i will not get on the plane ,do think i should get press involved ,? he wants to stay ? can he be taken by FORCE

In England & Wales the parties in family cases have a duty to use information given in proceedings for the purposes of the proceedings only and there are restrictions on disclosing information. When the rules don't allow it disclosing information is contempt of court contravening Article 6, Human Rights Act 1998 right to a fair hearing and when children are involved, their rights to privacy and anonymity.

Ultimately a child can be taken by force, but it isn't particularly pleasant for the child concerned and one would hope that common sense would prevail.

One of the purposes of Brussels II as I understand it (and I'm not a lawyer) is to harmonise the law in this area; thus it should make little difference whether a case is heard in a Spanish or an English court, and an English court would make more sense where all parties are native English speakers.

I don't know if it is relevant, but there is a Brussels II case (Re I) due to be heard in the new Supreme Court later this month concerning jurisdiction, the concept of 'habitual residence' and the principle of forum non conveniens, i.e. the right of a court to refuse jurisdiction if there is a more appropriate court in which the case can be heard.

And no, don't get the press involved!

I agree with what both Fiona and Forseti are saying and which I eluded to earlier. You must keep this situation calm in order to avoid a devastating outcome for all involved.

I am not sure we have the whole picture so it is a bit hard to give advice. I am troubled, well at least unsure as to why the child is still here. I presume he came over at end of June for summer holidays but why did he not return at beginning of September? I understand that he does not want to go, but what did the mother do when the child did not return?

Just to add my two pence in there will be the issue that yes your son can be forced to return to spain(however as there is no residence order in place this may work in your favour as the authorities may not want to get involved providing he is safe). Unless there is good reason he is every bit as much your child as her's.

The other issue that will be looked at is if your son is forced to return to a place he doesn't want to be will he stay there or will he run away. He cannot be locked up and held against his will.

In my case our son was 14 when he walked out of his mothers and there was a residency order in place.

The police stated that they would not get involved as the child was safe and in the care of a parent. They also stated that they would not return him to the care of his mother against his will as it would increase the likely hood of him running away therefore the matter was placed in the judges hands.

The judge stated that the child had voted with his feet and withdrew the previous residency order leaving him free to stay with me where he's been ever since.

Cafcass and his mother weren't happy but it was what our son wanted not them.

Just a thought.

T