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Argentina: 2013 State Department Report

From the 2013 State Department report:

Unresolved Return Applications As of December 31, 2012 the U.S. Central Authority (USCA) had 112 applications for return that remained open and active for more than 18 months after the date of filing with the relevant foreign central authority in the 18 countries listed below. The following section describes each unresolved case and the actions taken by the USCA to resolve them. The actions taken by other authorities are stated below, as reported to the USCA by the relevant entity.

Argentina, Case Summaries:

1.  In March 2011, a public defender submitted the left-behind parent's (LBP) Convention application to a district court in the Buenos Aires province. In August 2011, the LBP requested that the Argentine Central Authority (ACA) provide a new public defender after the taking parent (TP) relocated with the children to a different jurisdiction. When the court in the new jurisdiction attempted to notify the TP, the TP relocated once again. In September 2011, the TP received notification of the Convention application, at which point the TP filed a motion to dismiss for lack of jurisdiction. The jurisdiction issue went to the Court of Appeals, which remanded the case to the district court in Pilar. The district court conducted the first Convention hearing in September 2012, and a second hearing in December 2012. The U.S. Central Authority and U.S. Embassy Buenos Aires have regularly requested updates from the ACA on court proceedings.

2.  Although a court was assigned the case in December 2010, the court has not held a hearing. In November 2011, a criminal court interviewed the left-behind parent (LBP) in regard to a non-Convention related criminal proceeding that the taking parent had initiated, and in February 2012, the LBP traveled to Argentina to participate in a psychological and psychiatric evaluation for the criminal proceeding. In November 2012, the LBP's attorney filed a motion for the recusal of the judge in the case on the grounds that he was not being impartial. The U.S. Central Authority and U.S. Embassy Buenos Aires have regularly requested updates from the Argentine Central Authority on court proceedings.

3.  The court ordered the child's return in November 2009. The taking parent (TP) immediately appealed. In May 2010, the appellate court denied the TP's appeal and re-affirmed the return order. In August 2010, the TP filed an extraordinary appeal with the Argentine Supreme Court; however, the court dismissed the appeal and ordered the lower court to execute the return order. The TP also filed multiple requests for asylum for the child, all of which have been denied to date, though one request is still pending before the Supreme Court. In November 2011, the court stayed the execution of the return order until undertakings requested by the TP were met. In an effort to satisfy the TP's requests, the Argentine government granted the TP a stipend and the U.S. Embassy in Buenos Aires issued the TP a visa to allow her to travel to the United States to attend custody hearings. The U.S. Central Authority and U.S. Embassy Buenos Aires have regularly requested updates from the Argentine Central Authority on court proceedings.  

More Information on Argentina: Family Law :
The Office of Children's Issues of the U.S. State Department  continue

The Office of Children's Issues of the U.S. State Department  continue

The Office of Children’s Issues of the U.S. State Department’s Bureau of Consular Affairs, has recently released the annual report on Hague Convention compliance  continue

The State Department's annual reports on International Child Abduction  continue

Argentina demonstrated a "pattern of non-compliance" in 2015 because  continue

The following is an extract from Argentina's  continue

In order to prevent international child abduction  continue

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