Argentina: 2022 State Department's Annual Report on International Child Abduction

Posted by Jeremy Morley | Jul 06, 2022 | 0 Comments

Country Summary: The Convention has been in force between the United States and Argentina since 1991. In 2021, Argentina continued to demonstrate a pattern of noncompliance. Specifically, the Argentine judicial authorities failed to regularly implement and comply with the provisions of the Convention. As a result of this failure, 50 percent of requests for the return of abducted children under the Convention remained unresolved for more than 12 months. The sole abduction case still open at the end of 2021 has been unresolved for 11 years and six months. Argentina was previously cited for demonstrating a pattern of noncompliance in the 2015-2021 Annual Reports.

Significant Developments: Delays persisted within the Argentine judiciary in 2021, contributing to a pattern of noncompliance. The sole abduction case still open at the end of 2021 has been unresolved in the Argentine judiciary for 11 years and six months, the Department's longest-running open unresolved abduction case in the world. The other abduction case open during 2021 resolved this year, after being unresolved for just under two years, mostly due to delays in the judiciary. Argentina's legislature failed to enact national procedural legislation designed to address Argentina's judicial delays in early 2021 after interlocutors reported it lost “parliamentary status,” and officials did not reintroduce a draft bill for the remainder of the year.

Central Authority: The U.S. and Argentine Central Authorities have a productive relationship.

Location: The Department of State did not request assistance with location from the Argentine authorities.

Judicial Authorities: There were serious delays by the Argentine judicial authorities in deciding Convention cases. As a result of these delays, cases may be pending with the judiciary for over one year, contributing to a pattern of noncompliance.

Enforcement: In one case unresolved for almost 12 years, Argentine courts have suspended a return order. Additionally, Argentina's legal system allows multiple appeals both on the merits of the decision and on the manner in which the decisions are enforced, thereby creating excessive delays which contribute to a pattern of noncompliance.

Access: In 2021, the U.S. Central Authority had one open access case involving one child under the Convention in Argentina. This was opened in 2018. This case has been filed with the Argentine Central Authority. No new cases were filed in 2021. By December 31, 2021, this case remained open. This case has been pending with the Argentine authorities for more than 12 months.

Department Recommendations: The Department will continue intense engagement with Argentine authorities to address issues of concern.

About the Author

Jeremy Morley

Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from its New York office, with a global network of local counsel. Mr. Morley is the author of "International Family Law Practice,...


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