Criminal Child Abduction
The fact to kidnap a child and take him outside of the country is a serious offence that could be classified as a violation of freedom depending on the court criteria. Article 146 of the Argentine Penal Code provides prison from 5 to 15 years, for kidnapping a child of 10 years from his parents or guardians.
The 5th Court of Guarantees of San Isidro, Buenos Aires in 2009 decided that it corresponds the arrest of the mother of two boys that were retained and hidden in Brazil against the will of their father. Mother behavior constituted an offence described in article 146 of the Penal Code, it is possible to presume that the accused will not cease voluntarily in a crime that improves day after day.
The crime was to hide and retain in other country two sons.
The anti-functional exercising of rights and obligations that are a part of the custody, is against the law, it constitutes an abuse that the law does not protect.
It is as denial of contact between the child and one of his parents. Law 24.270 states:
- Art. 1. The accused can be punished by imprisonment for a month to a year if contact with the child's non cohabiting parent is illegally obstructed. If it is a child under 10 years old or handicapped, the penalty will be raised.
- Art. 2. The same penalties if the accused that prohibited contact with the child's non cohabiting parent moves the child's home without authorization. If with the same purpose the child is moved abroad, without legal authorization or exceeds the limits of this authorization, the penalties will be elevated double of the minimum and half of the maximum frame.
We represent you in compaints under law 24.270 in the city of Buenos Aires, Province of Buenos Aires, and Mendoza.