International Child Abduction
Our firm has a large experience in international child abduction. In Argentina we have achieved innumerable returns of children to their country where they lived before, they were kidnapped or wrongfully retained. We have also represented the left behind parent while we have considered that the exemption of the Hague convention was applicable to the case. Working alongside colleges in other countries, we returned children to Argentina who were kidnapped or illegally retained outside the country. We worked in cases with The United States, China, Chile, Uruguay, Paraguay, Peru, Brazil, Colombia, Spain, Japan, Canada, Romania, Hungary, Italy, France, Belgium, Mexico, England, Canada, Germany, New Zealand, and other countries as well. In some cases, we have achieved interesting agreements between the parents for the best interest of the children.
Remember that according to the Hague convention and the Inter-American Convention that deal with the international child abduction States may provide legal aid. However, keep in mind that this is never the same representation a lawyer specialized in this field may dedicate to your case.
We do not represent parents in situations where they have kidnapped or retained their children against the law. For all Hague cases it is important to coordinate and work together with a lawyer where the child lived before being retained in Argentina.
If you wish to recover your child, do not waste more time. Read our cases, our experience. It is very important to know what to do, and to do it as fast as possible. Please do not hesitate to contact us. Every day lost is crucial; contact us before taking the main decision about where your son, your daughter will be up to he or she will be 16 or 18 years old.
Argentina does not comply with the 1980 Hague Convention. The reports of the US Estate Department inform that year after year, the Argentine judicial system is inoperative in the area of international child abduction. The presence of women in the OVD Office of Domestic Violence, and similar entities in other provinces, without corroborating any evidence, advise to separate the father from the son without explanations, even if the father is not in Argentina and he is never served.
You can be prosecuted by a district attorney, and even convicted without a fair trial, just considering what the woman, the mother said. It happens without any witnesses. Argentine system of justice justifies the system because the Belen do Para Convention, on gender and violence against women, indicated evidence in criminal matters should evaluated out of the regular rules….
If you are a man, only because of that condition you will find yourself at a total disadvantage before the Argentine system of justice. In other words, you can be convicted of a crime even if you are innocent.
The prosecutor's office dedicated in gender and violence crimes of the criminal jurisdiction of the City of Buenos Aires, accuses any man, for what a woman discloses. An important discrimination towards men happens every time.
The prosecutor also tries to help the women in cases of interparental kidnapping, trying to justify why it is better not to return the child to the requesting State. The Convention on the rights of the child, as well as the Hague convention are basically ignored by such office.
The Argentine system of justice is building a "Paradise for abducting mothers." Your you’re your daughter, unquestionably run a high risk in Argentina. We cannot change the Argentine system of justice, but we can give you the best representation to recover your child in the shorter possible time.
Our legal advice would be not to let your children travel to Argentina. However, if this is not possible, you should take all the precautions in your country that would help you if your child was kidnapped or wrongful retained in Argentina. If your children already are in Argentina, and the mother will not return them to your country, now you just must fight to rescue your son/daughter.
Some cases we handled in the last years
A wopman, a mother was in jail 20 days in Buenos Aires charged with kidnapping. She also desobied a court order to return to France. Trial will have place soon. We represent the father and we could return two brother to paris.
After 6 years and 5 months we returned two girls to his father in Virginia United States. Our client had charges for child abuse that were not real- and violence denounces in order to avoid the return to United States applying article 13 b). A case may take years in Argentina; it was one of the most difficult cases we handled. The ICHR also accepted our claim. May 15, 2017. See it in the news
In a judgment of a Court of Quilmes, Buenos Aires we reached an amicable agreement for a girl to return with her mother to Seattle United States. We represent the father in this case. April 2017
We succeeded in opposing a return to Canada in first degree instance. The decision was reversed in the appeal court, all expert opinions issued by prosecutor and the lawyers representd the kid, working for the state in all instance even the Federal Supreme Court considered it was not a Hague case since father had lived in Argentina for 18 months before he had file the case. Federal Supreme Court denied to accept the case. We could settle a safe return to Canada.
In a ruling of the Supreme Court of Justice, we succeeded in the resolution to order the return of two girls to the United States illegally retained by their mother.
In an unprecedented presentation, we succeeded in a decision in the the Supreme Court to order the immediate execution of a decision concerning a boy to Miami. First Instance court had no intention of complying the international return of a child to the United States.
We obtained the voluntary restitution of a child retained by his mother in Argentina, the father was in Italy. The child was one year old. Today the family lives in Italy, the mother understood that she shad to return the child.
We obtained the return of a child to France, who had traveled without authorization to Argentina. In first instance the lawyers of both parties could agree the return of the child with his father. Requesting State, France.
We achieved at first instance the return of a girl that lived with her father in Germany. The mother had travelled with authorization but decided to remain longer. The case was in the jurisdiction of San Isidro the Province of Buenos Aires. Requesting state; Germany.
In the National Justice we achieved the restitution of a child from France; Mother had traveled without authorization to Argentina. The decision was in the National Justice City of Buenos Aires and at first instance court lawyers from both parties agreed to return the child to his father. Requesting state; France.
In the National Chamber of Appeals, we were able to revert a decision that at first instance denied the return. Today the case continues, It was a case without precedence and we achieved justice where the maternal grandmother was working for the judicial system and the judge had a view that was wrong and partial to the case. Mother and Defensora de Menores filed extraordinary appeals that were denied; now “queja appeals are in court” The requesting country is United States. The case takes more than 5 years and The Inter American Commission of Human Rights had to accept our complaint against Argentina. Requestiong state; United States
We were able to voluntarily restitute a child detained by his mother in Argentina, The father was in Italy. The child was just barely ten months old. Today the family lives in Italy, the mother understood that she had to return the child and that it was for the best. Case was in Mendoza.Requestiong state: Italy.
We achieved at first instance, advising and collaborating strictly on international matters with colleges of the local forum of San Rafael, Mendoza oppose a restitution where the father moved to Argentina, and after almost a year that he had resided in Argentina, looking for work and declaring his residency in this country, the restitution of two sons. The case was dismissed in first degree and appeal court, the case is final. Requesting state; Germany.
The father had authorized the mother to settle in Argentina. Later the father files a Hague case. We represented the mother with local colleges that invited us to participate and assist them in these matters, being able to prove the acceptance of change of residency; we signed an agreement of international, local visits, and parental responsibilities that benefit the daughter and her parents. Case was in Mendoza. Requesting state; Spain
A mother took her son with disabilities to Romania on a trip and never returned. We represented the father. The father filed a Hague case. We filed civil and criminal complaints. Finally the mother returned the child from Romania; Requesting state, Argentina
We accomplished the return of two children to Brazil who retained in Argentina by their mother.. This was the case of Marco Aurelio Gerace who worked on the case from Brazil. Case was in Ciudad de Buenos Aires. Requesting state; Brazil
The Supreme Court of Buenos Aires confirmed a decision of court 2 in San Isidro, Buenos Aires. The mother had retained her daughter illegally in Argentina and she never returned to US. We represented the father; we achieved a decision for the return of the daughter. Requesting state; United States.
A family court of La Plata ordered a return of a girl to Chile that had been withheld by her mother in Argentina. In a session hosted at the Court of Appeals in La Plata, both parties reached an agreement due to the efforts of the judges and the technical team cited. Requesting state; Chile.
After more than three years in progress, we were able to reunite a daughter with her father in Mendoza after being reported for kidnapping by the girl's mother that lives in the United States. In the case after our presentation, the plaintiff practically was left with no reply and decided to desist the process. Requesting State, United States.
Alongside our college Pablo Bohrquez Salamanca who represented our client in Colombia we restored a girl to her home in Mendoza after she had been illegally retained by her mother in that country. The girl was born and lived in Mendoza until she went on a supposed "short" vacation; we were able to issue an Article 15 CH 1980 in Argentina. Requesting state; Argentina.
In the case AF11598616 of the court chaired by the Honorable Judge Alice Vilardi, it was ordered the return of a child to Argentina. The child of two years was born in Argentina and went on vacation with his parents, both U.S citizens. Our team represented the father in the process of obtaining Article 15 in Argentina and in California the case was brought up and won by B J Fadem. Requesting state: Argentina
The mother lived in Spain took a trip with her son aged 11 years old to Argentina and the supposed "trip" ended up having no return. The National Court in Buenos Aires intervened, and we obtained a return decision in the first and second instance. Requested state; Spain.
An Argentine mother had flown to Mexico with her daughter. The father appealed for the restitution of the daughters to Mexico and that same appeal had been denied by the Mexican courts. Meanwhile a court had requested to Interpol to detain them. When the mother flew to EEUU from Mexico, was detained and the daughter placed in a detention center for illegals. The father then applied for the return of his daughter through an American judge, and the motion was denied again because it is not possible to go over a case that already had a decision in Mexico. The trial was held in the court of Colorado, in the case Broda V Abarca, 2011 WL 900983 (D.Colo.) This case was brought by and won by Caroline Langley. Requesting state; Argentina.
A wedded couple, Spanish father and an Argentine/Spanish mother lived in Spain with their daughter. The mother goes to live in Argentina with the child. The father filed a motion for international child access. Father never paid child support while the daughter was in Argentina. The father requested several hearings but never appeared. The right to international visits was denied and instead it was told that if he wanted to visit his daughter, he would have to go to Argentina. Mendoza. Requesting state: Spain.
A wedded couple lived in California, the husband American and the wife had argentine nationality. They had married in Las Vegas. The daughter of the wedded couple with 3 years old had been retained by the mother in Argentina, after she was authorized by the father to travel only for six weeks to Buenos Aires, the mother decided to stay and live in Argentina. The daughter was born in Argentina. A judge from California ordered the mother to return the child to the father with her American passport in Argentina if she did not want to return to US. The mother did not return, and the Buenos Aires court intervened. A judge of first instance decided that the daughter should not return to EEUU. An appeal was filed. The Civil Chamber revoked the decision and ordered the return of the child. Requesting state; United States.
The case was about a girl with Down syndrome that had lived all her life in Mendoza, Argentina. The mother with an excuse that they were going to visit family to Peru made it so that her partner would allow the trip. Later the mother decided that she was not going to return to Argentina and was later found by Interpol. In first and second Instance courts ordered the return to Argentina. We represented the father. Requesting state; Argentina.
A married couple from Argentina lived in France and after a year gave birth to a daughter and 30 days after she was born mother went on a trip to Argentina. Meanwhile the father was transferred to Brazil by his company and then finally destined to go to Spain. The mother decided that she was not going back to Spain. The father filed a Hague case from Spain. Our team represented the mother, and our position was that the child had barely been in France for a month and that France could have been its home but not Spain. Both parties came to a beneficious agreement and the minor resided with her mother in Argentina. Case was in Mendoza. Requesting state; Spain.
A couple alongside a child, all argentine, went to China from Argentina with the intention to meet the paternal grandparents of the child. At arrival, the father decided not to return to Argentina. The three had remained in China for more than two years. The father was Chinese but lost his Chinese nationality when he received his argentine nationality by China's law. The mother asked the Chinese justice for authorization to return to Argentina. The court was declared incompetent since they were all foreigners. Finally a petition was made in Argentina invoking the forum of necessity since if Argentina was not competent no other court would take it and the child would remain in China until 18 years old. After a long legal and administrative odyssey in Argentina as well as in China, the latter country complied with argentine ruling and asked for the Argentine Embassy in Beijing to authorize and do the necessary in China the return of the child alongside his mother to Argentina. This was the first case where China returns a child to a foreign country without having signed the Hague convention. Requesting state; Argentina.
There was a child that had been crossed illegally by his father to Mendoza from Chile. The boy was at the time living with his mother. Following civil and criminal allegations, the return to Chile was order also child access. We represented the mother. Requesting state; Chile. For more information: http://www.lexaustralis.com/restitucionchile.htm
Father didn’t allow his son to return to Argentina after going on vacation to Chile with his mother. His father lived in Chile. Alongside a Chilean college we represented the mother and received authorization for the child to return to Argentina. For more Information: http://www.lexaustralis.com/restitucionchile2.htm
A judge from the state of Texas ordered that a child under the age of five had to be returned to Argentina. His father had been deported to Argentina. The mother continued to live in EEUU with illegal status and did not follow the judge's decision. Marshals found the child alongside the mother in a raid. The daughter was given to Fabiana Quaini who returned the child to Mendoza, since the father could not return to EEUU, he had been deported. Requesting state; Argentina. For more information: http://www.lexaustralis.com/prensarestitucion.htm
Two children were unwillingly detained by their Brazilian mother in Rio de Janeiro who had flown from Buenos Aires, alongside their mother who was Argentine, and the father who was French. Return was ordered in Argentina in 2004. It was reported to the Inter-American Commission of Human Rights v. Brazil. There is an international capture order against the mother of the children and for the extradition to be an ongoing crime, not prescribed. Remember that Brazil is a country that does not comply with international treaties and that it does not return children, it is a state that protects its citizens. The court in Brazil took 12 years to arrive to a decision. The older child was already 16 and the younger did not want to return to Argentina. Requesting state; Argentina.