International Parental Child Abduction Argentina

 


 

DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed to practice in the relevant jurisdiction.

January 2013 

General Information:

Argentina and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since June 1, 1991.

For information concerning travel to Argentina, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see country-specific information for Argentina.  

In April 2012, the United States Department of State cited Argentina as demonstrating patterns of non-compliance with the Hague Abduction Convention in its annual “Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction.”  The report is located here.

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Hague Abduction Convention:

The U.S. Department of State serves as the U.S. Central Authority (USCA) for the Hague Abduction Convention.  In this capacity, the Department’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues facilitates the submission of applications under the Hague Abduction Convention for the return of, or access to, children located in countries that are U.S. treaty partners, including Argentina.  Parents are strongly encouraged to contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.

Contact information:

United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues
2201 C Street, N.W.
Washington, DC 20520
Telephone:  1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Fax:  202-736-9132
Website:  travel.state.gov

The Argentine Central Authority for the Hague Abduction Convention is the Ministry of Foreign Relations and Worship.  The Ministry of Foreign Relations and Worship performs the duties given to central authorities under the Hague Abduction Convention, including processing Hague Abduction Convention applications for return of and access to children.  They can be reached at:

Ministry of Foreign Relations and Worship
Legal Affairs Department
International Legal Cooperation Department
Esmeralda 1212 - 4th floor
1007 Buenos Aires
Argentina
Telephone: +54 (11) 4819 7170; +54 (11) 4819 7172
Fax: +54 (11) 4819 7170; +54 (11) 4819 7172
E-mail:  menores@mrecic.gov.ar
Website: http://www.menores.gov.ar/

To initiate a Hague case for return of, or access to, a child in Argentina, the left-behind parent must submit a Hague application to the Argentine Central Authority (the Ministry of Foreign Relations and Worship), either directly, or through the U.S. Central Authority (USCA).  The USCA is available to answer questions about the Hague application process, to forward a completed application to the Ministry of Foreign Relations and Worship, and to subsequently monitor its progress through the foreign administrative and legal processes. 

There are not fees for filing Hague applications with either the United States or Argentine central authorities.  Attorney fees, if necessary, are the sole responsibility of the person hiring the attorney.  Additional costs may include airplane tickets for court appearances and for the return of the child, if so ordered.

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Return:

A parent or legal guardian may file an application under the Hague Abduction Convention for return to the United States of a child abducted to, or wrongfully retained in, Argentina.  The U.S. Department of State can assist parents living in the United States to understand whether the Convention is an available civil remedy and can provide information on the process for submitting a Hague application.

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Visitation/Access:

A person may file an application under the Hague Abduction Convention for access to a child living in Argentina.  The criteria for acceptance of a Hague access application vary from country to country.  The U.S. Department of State can assist parents living in the United States to understand country-specific criteria and provide information on the process for submitting a Hague application.

Retaining an Attorney:

In Argentina, Hague Abduction Convention cases cannot be filed in an Argentine court without legal representation.  The Argentine Central Authority (Ministry of Foreign Relations and Worship) provides a list of lawyers licensed to practice in the appropriate jurisdiction.  When parents cannot afford a private attorney and meet the Argentine Central Authority’s financial requirements for assistance, the Argentine Central Authority will appoint a public defender or pro bono legal counsel. 

The U.S. Embassy in Buenos Aires, Argentina posts list of attorneys including those who specialize in family law. 

This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms included in this list.  Professional credentials and areas of expertise are provided directly by the lawyers.

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Mediation:

In Argentina, pre-trial mediation in Hague cases is not mandatory although the interested parties may request it.  Mediation is performed by registered mediators, and the cost is established by law and varies depending on the outcome of mediation.  The Argentine Central Authority does not provide or arrange mediation services.  However, non-governmental organizations, such as the Legal Bar Association, and governmental organizations, including the Ministry of Justice and the Government of the City of Buenos Aires, offer mediation services free of charge to those who demonstrate financial need.

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Embassy Contact Information: 

The U.S. Embassy in Argentina can be contacted at: 

U.S. Embassy Argentina
Avenida Colombia 4300
Palermo neighborhood of Buenos Aires
Buenos Aires, Argentina
Telephone: (+54) (11) 5777-4533
Fax: (+54) (11) 5777- 4240
E-mail: BuenosAires-ACS@state.gov
Website:  http://argentina.usembassy.gov

The Embassy of Argentina is located in Washington, D.C. at:

Embassy of Argentina
1600 New Hampshire Avenue, NW
Washington, DC, 20009-2512
Telephone:  (202) 238-6400/6424
Fax:  (202) 332-3171
Website:  http://www.embassyofargentina.us