Argentina is a member of the Hague Convention on the Civil Aspects of International Child Abduction, which is meant to help promptly return children who have been abducted by a parent. Evidence and case after case shows there is no such thing as ‘promptly’ in any Hague Convention case. This is why CARI Child Abduction Recovery International continues to be inundated with requests for help by frantic left behind parents.
Act 24.270 of the Argentine Penal Code establishes that the parent or third person who, wrongfully, prevents or hinders the contact between children and their non custodial parent, shall be punished with one month to one year imprisonment. Article 2â of the same act, indicates the same punishment for the parent or third person who in order to prevent contact between the child and its non custodial parent, removes it from its home without judicial authorization. In case the child is taken abroad for the same purpose, without judicial authorization, the punishment is elevated.
Article 146 of the Argentine Penal Code makes punishable the behavior of a person who withdraws a minor under the age of 10 from the custody of his parents, tutor, or the person in charge of his care, as well as the conduct of anybody who retains or hides the minor. On this matter, jurisprudence is divided between those judges who understand that this punishment applies to a parent, and those who limit its application to acts performed by a person other than the parents of the minor.
In June 2017, the U.S. Acting Principal Deputy Assistant Secretary for Consular Affairs delivered another demarche to the Argentine Ministry of Foreign Affairs, notifying the Argentine authorities that the U.S. State Department had again cited Argentina in the 2017 Annual Report for demonstrating patterns of noncompliance during 2016. Parents should be alert to the fact that if a child travels to Argentina with one parent, and if that parent or his family then retain the child in Argentina, it is likely to be extremely difficult or impossible to secure the child’s return. This is the reality of what happens, please do not be one of those parents who say it will not happen to me and my children.
In very rare cases the left behind parent does succeed in returning their abducted children, but at a tremendous cost financially, mentally and physically. One case of a U.S. father battled for 4.5 years before having his children return, but the legal battle continues.
CARI Child Abduction Recovery International frequently work in South America with Argentina being a hot spot for Parental Abduction due to how the system continues to protect Argentinian citizens. It’s vital to speak to CARI or a experienced Child Abduction Lawyer in Argentina.
If you have any questions or concerns regarding International Parental Child Abduction feel free to contact CARI Child Abduction Recovery International 24/7. We are always available at email@example.com or by calling our CEO Adam Whittington directly +46 707385598
We don’t just talk, we actually recover children!