Foreigner Wins, but Ex-Wife 'Kidnapped His Son' ： 'Forget Him'

Source: OT-Team(G), El Mundo

According to El Mundo, Spanish national Luis Macías has not seen his eldest son in China for over four years. 

When his former wife, Xu Wei, told him he would never see his son again, the boy was just seven years old. Although Chinese courts eventually ruled in Macías' favor, he has spent over one million euros in legal fees and sought help from Spanish authorities, all without success.

Luis Macías' nightmare began in July 2021 in Shanghai. One day, he received a message from his then-wife saying she had picked up their soon-to-be eight-year-old son from summer camp—despite prior arrangements for Luis to collect him. Shocked, he called Xu Wei, but the brief conversation left him heartbroken. Xu Wei, a Chinese national, told him: "Forget the child. You will never see him again." More than 1,500 days later, Luis has yet to embrace his son.

This marked the start of a long ordeal spanning both family hardship and the judicial system. The 45-year-old Madrid entrepreneur has fought tirelessly to regain custody of his son, whom we will refer to as Daniel for privacy. Chinese courts have confirmed that Daniel was subject to parental abduction by his mother.

"Over the past four years, I have fully complied with Chinese law and completed all judicial procedures," Luis said.

Macías first moved to China in 2007 and later became general manager of a leading private security firm. Today, he manages multiple investment funds in Asia but remains based in Shanghai. "I will not leave until I can restore my relationship with my son," he said.

• Reuniting with His Daughter

In the summer of 2021, Luis and Xu Wei also had a younger daughter, María, born in 2015. According to Luis, a pre-divorce agreement granted him custody of both children, with Xu Wei allowed visitation. However, during the first legal meeting to finalize documents, Xu Wei changed her mind, wanting to keep one child.

"Situations where children are split between parents are common in China," Luis explained. "I even offered her custody of both children so they could stay together. Instead, she left home and three weeks later took Daniel from summer camp."

Luis immediately reported the abduction to the police, who advised filing a divorce lawsuit for a judge to decide. The first court ruling granted sole custody to the mother. Luis appealed, and in the second trial, the court invalidated the earlier testimony from the minor and ordered the case retried from scratch. "During this second trial, my ex-wife even hired my former legal counsel, creating a conflict of interest," he noted.

During the second lawsuit, an extraordinary event occurred: Luis' daughter María was abducted by maternal relatives. Court records show that on June 24, 2023, while María was with Luis' parents in Shanghai, five people—including Xu Wei and the girl's maternal grandmother—assaulted his parents and took María away. Surveillance footage captured Luis' mother being knocked down; she suffered a neck injury requiring surgery. Luis subsequently filed charges for kidnapping and assault.

Ultimately, the court fined Xu Wei's mother 80,000 RMB and ordered María returned to Luis, who regained custody after six months. Meanwhile, Daniel remained with his mother.

"The final ruling acknowledged that my ex-wife had used deception and abduction regarding my son, but she was only fined 200 RMB. The court also accepted previously invalidated testimony from Daniel, awarding custody back to my ex-wife. María is now officially in my care, but the judgment forced my children apart," Luis said. His daughter has been living in Spain with her grandparents for a year.

Unlike Western legal systems, Chinese courts rarely grant joint custody, typically leaving visitation arrangements to parents. Nevertheless, the ruling clearly stated that the father retained the "rights and obligations" to maintain contact with Daniel.

"The child's mother has deprived me of this basic right, while I have never objected to her communicating with or seeing our daughter," Luis added.

Luis has also attempted to initiate repatriation procedures, noting that Daniel is a Spanish citizen and could legally reside in Spain to facilitate contact.

"Although I am a foreigner, every progress I've made in China, including successes in court, is due to my own efforts. I have already spent over one million euros in this legal battle, and I will continue fighting until I can see my son again," he affirmed.