The father was in the passenger seat chatting on his phone, while the boy's mother and sister were in the back seat when a Guardia Civil patrol car came across the under-age driver.
He was in the driving seat of the family's BMW X6 cruising down a boulevard of Spain's north African enclave on Friday evening when he was spotted by Guardia Civil.
“His father was casually chatting on his mobile phone while his mother was filming her son at the wheel,” said a statement from the Guardia Civil.
The father, who holds an Italian passport, has been charged as an "accomplice to the crime of reckless driving" for which he faces a two-year jail term and six years suspended driving licence.
The boy's mother, a 35-year-old Moroccan was initially arrested but later released without charge.