Argentina
How can you prepare child relocation from or within Argentina? What if your child has been relocated to Argentina without your consent?
Argentina is a member of the Hague Convention on Child Abduction.
We will explain what that means for your options.
Lawyers and mediators in Argentina
We provide a list of lawyers and mediators in Argentina who can assist you in drafting an international parenting plan, in preventing conflicts over the primary residence of the children, and in negotiating and litigating over the children in the event of relocation or child abduction.
Parental authority: Argentina
Authority
If a child is born from parents who live together, the parents have joint custody, article 264 of the Argentine Civil Code. If there is uncertainty or if a change in custody is desired, the parent will have to file a request to the court.
After a divorce, parents in principle retain joint custody.
Traveling with children: Argentina
If you want to travel abroad with your child, you need permission from the other parent, if the other parent also has custody. If there is no consent from the other parent, a judge can decide about this, bearing in mind the best interest of the family.
In order to be able to travel abroad with a child, you need to be able to show a Travel Permit. You need an Argentinean notary to obtain a Travel Permit.
Child relocation: Argentina
Substitute permission
If a parent wants to move with the children and the other parent with custody refuses to give permission, the parent who wants to move can request permission from the court. There is currently no information available to us about what criteria are used by the court to make a decision about the desired relocation.
Child abduction: Argentina
Hague Convention
Argentina is a party to the Hague Convention on Child Abduction.
Government
The Central Authority is a first point of contact if you want your children to be returned. They will forward your request for the return of the children to the other parent to seek voluntary return. They will give the other parent ten days to respond. You are not obliged to contact the Central Authority first.
Court procedure
You will need legal representation to start return proceedings. You can apply for reduced rate legal assistance.
In Argentina there are no specialized courts for return applications. The procedure can take several months. This also applies to the Court of Appeal. In practice however, the procedure can be excessively delayed, because Argentina’s legal system allows multiple appeals on the merits of the decision and/or on the manner in whih decisions are enforced. In June 2021 the U.S. Embassy in Buenos Aires delivered a formal diplomatic protest (a ‘demarche’) to the Argentine Ministry of Foreign Affairs and Worship, because in their view Argentina demonstrated a pattern of noncompliance (with its obligations under the Hague Conventiong) during 2020.
Judicial communications
A special judge has been appointed, who can have judicial communications with judges from other countries if so desired in any case.
Child participation
Children can have a child talk with the judge. The judge is assisted in hearing the child by a psychologist, social worker and/ or the guardian ad-litem.
Mediation
Mediation is urged at all stages. Both by the Central Authority and by the court, both before the hearing, as well as during the first direction hearing.
Execution
When any of the parties appeals, the return order is automatically suspended pending the appeal.
You can ask the court to decide that the abducting parent must pay the expenses made in connection with the abduction and the return of the child.
Prevention
If you think your child is in Argentina, but you do not know exactly where, Central Authority can help you locate your child.
If you fear that your child will be abducted from Argentina to another country, or otherwise disappear from view, various measures can be taken:
- child’s passports to be deposited with authorities
- alleged abductor’s passport to be deposited with authorities
- obtain orders to prevent the removal of the child
- issuing border and/ or port alerts
- requiring the alleged abductor to report periodically to authorities
- requiring the alleged abductor to pay a bond / deposit
- temporary placement of child in institutional care.
Legal aid
A parent who does not live in Argentina, but who does need a lawyer in Argentina, may be eligible for subsidized legal assistance, depending on his/her income and assets. You can read more on the website of Central Authority.
For more details: check the country profile of Argentina on the website of HCCH.
Criminal law : Argentina
Criminal law
Parental child abduction is not a criminal offence in Argentina. However, the obstrucion of contact with the child by one parent with respect to the other parent is considered a crime (Act 24.270). And the penalty can be more severe is this was done by taking the child to another country.
