Luis Raúl Serrano Arribasplata
Visit company website
I am considering myself a lover of International Private Law and investigator of the topic of parental kidnapping from the practice.
In each case the parents, that I defend in order to restitute their children legally, can be sure that, like Winston Churchill, I will offer them blood, toil, sweat and tears to
recover his or her child soon. Getting the recovery could be through different ways like pushing the judge and clerks to speed the case and explaining them the legal nature of this kind of cases. Also with the rest of authorities that are involved in the case.
Relevant experiences and positions
Ministry of women and weaker population- Peru
Years 2002 – 2004
– Attorney of the Office of General Directorate for Children and Adolescents
– Legal Attorney representative and sponsor of the foreigner petitioners for the return of their minor children under The Hague Convention on the Civil Aspects of International Child Abduction 1980. Hague Conference on Private International Law.
– Experience in the coordinated work with non-governmental organizations from different countries
Legal essays
“The Interpretation of the Exceptions on the Restitution of Children and Adolescents wrongfully removed from a Foreign Country to Peru” Published in: Legal Standards – Trujillo – Peru – October 2006.
“About the Convenience of Criminalizing the International Parental Child Abduction” – Published in: Legal Perspective – Faculty of Law – Panamerican University – Guadalajara- México – Year 1 – Number 02 – January 2014.
“Some notes on international civil jurisdiction in matters of maintenance trough The Hague Convention on the Civil Aspects of International Child Abduction and Peruvian Procedural Law”. Published in: Mexican Journal of Private International Law N° 45 – Celebrating its 25th Anniversary.
MEMBERSHIP AS A SPECIALIZED JURIST
Member of the Advisory Committee on Private International Law of the Bar Association of Lima – Peru – Years 2013, 2015 and 2016.
Certificate to have fulfilled the role of member of the advisory committee on Private International Law of the Bar Association with responsibility and efficiency- Board of directors of Bar Association of Lima- Peru-Year 2017.
Member of the Commission Study of Immigrant law – Bar Association of Lima – Peru – Year 2013.
Member of ASADIP – American Association of International Private Law www.asadip.org
Member of LEPCA – European Lawyers Focusing in Parental Child Abduction www.lepca.eu
Member of MIKK.ev – International Mediation Centre for Family Conflict and Child Abduction www.mikk-ev.de/en
Some personal questions
What is the procedure to get permission for relocation with a child in your country?
In Peru the law regulates that a parent must ask the judge to relocate the child, the judge will decide listening to the other parent. The court procedure could take 6 months or more.
What is your advice to parents who are thinking about relocating with a child?
From Peru I would advise that parents must prepare the evidence to show the judge that the situation of child in all areas will be better in the other country than in Peru.
When did you first handle a child abduction case?
I worked on my first case 2002 when I was the attorney of the central authority of Hague Convention.
Why is it interesting for you as a lawyer to work on these cases?
I like to share experiences and knowledge with persons and colleagues from all over the world, I am a lover of International Private Law and finally I feel my soul so good when I restitute a Child to his or her habitual residence making the justice in a concrete case.
What makes a child abduction case different from other cases?
The emotions really, so the abductor and the left behind parent know that in practice terms the parent, who loses in the court, lose really the chance to live with the child
Do you advice parents to file criminal charges in case of child abduction?
Yes, because it can help the restitution in the family civil court proceedings, when we have an arrest warrant we have the chance to put the abductor in jail, the left behind parent takes the child and present him to the restitution judge. The judge could decide a provisional custody or a restitution in advance.
