International Child Abduction. Hague cases

child abductionInternational Child Abduction Argentina #Dangerous country

 
 
 
 
 
 
 
Report 2023 State Department: Argentina: In the worst place with the longer delay delay in the world... 

https://travel.state.gov/content/dam/NEWIPCAAssets/2023%20ICAPRA%20Annua...

Our firm has a large experience in international child abduction cases. 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 parents  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. 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 to work together with a lawyer where the child was living before the travel to Argentina.
child renmovalArgentina does not comply with The Hague Convention 1980. The reports of the US Estate Department inform that  the Argentine judicial system is inoperative in the area of ​​international child abduction. 
The presence of women in the" OVD" Office of Domestic Violence in the city of Buenos Aires, and similar entities in other provinces, like Cordoba or Mendoza,  without corroborating any evidence, advise to separate the father from the son without explanations, even if the father is not in Argentina. You can be prosecuted by a district attorney, and even convicted without a fair trial, just considering what the woman, the mother testified. It happens without any witnesses.
Argentine system of justice justifies the system because of the Belen do Para Convention, on gender and violence against women, and Argentina considers evidence in criminal matters should evaluated out of the regular rules. If you are a man, only because of such 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  women in cases of international 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 has alreadyy built a "Paradise for abducting mothers." if your daughter/son, was abducted in Argentina, unquestionably he will run a high risk. We cannot change the Argentine system of justice, but we can give you the best representation to recover your child and to return him home.
 
hague convention lawyer
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.  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.
Let us to assist you to have your children back. 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 stay, will grow up during the childhood and teenage years.  

 

 

 

Relevant hague and criminal cases concerning child abductions we handled in the last years

 

France child abductionIn the first and second instance, we obtained a return order for a girl who had been wrongful retained by her mother in Argentina to France. Appeal Court confirmed the return decision, after the mother's appeal. Dec. 2020 Federal Supreme Court dismissed the appela filed by the mother.

child abductionWe assited in Argentina an Argentine father in a visitation process in London.  We helped him in order to have contact with his son 14 years old.  Court order child access. 2020.  
rsecuetro hijos argentina

A court decision ordered jail for a mother charged with kidnapping in Argentina. She had also disobeyed a court order to return her children to France. Trial will take place in 2020. We represented the father, and we could return two brothers to Paris. 2019.

ecuador secuestro argentina

A court order charged a mother with kidnapping in criminal court in Buenos Aires. She retained her daughter in Ecuador. We represented the father in Argentina. 2020.

francia secuestro hijos

We returned two children to France.  Mother had travel to Argentina without authorization.  Interpol could find where children were. We had a return order in first degree and Appeal Court confirmed the decision. We represented the father. 2018.

USA Argerntina secuestro
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 the 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.  We represented the father. 
We want to share 2 google opinions: Tony Quintana wrote:  Fabiana Quaini, Esq and her team of lawyers are the best legal representation you can retain anywhere.  Having employed dozens of law firms and independent attorneys over a period of four decades I had the foresight of retain Quaini Law in a international restitution matter. No decision I have ever made has paid dividends so dramatically.  The outstanding performance of Fabiana Quaini and her team was flawless.  They preserved to the very end , securing a favorable decision from the Argentinean Supreme Court and even more importantly executing on such an order. Not a trivial undertaking given how the Supreme Court delegates action on the lower court (less motivate) court of first instance. Fabiana and her team are knowledgeable, will take a personal stake on the success of your case, and flat out are the best talent you can retain in legal circles anywhere south of The Rio Grande . Trust me when I write you will be well served in choosing Quaini law Firm for any matter you require legal representation.  I have been a client for over 12 years at this writing and at no time have even question my decision to retain this brilliant team. Please feel free to reach out to me for any additional information by writing here tonyquintana@usa.net
seattle kidnapping

The mother had travel from Seattle to Buenos Aires with her husband and a baby.  The mother filed a violence complaint against the father in Argentina and decided not to return to USA.  We filed a return petition.  Mother returned to USA. We represented the father. 2017. Father opinion in google: I was in Argentina, with my family, thinking it was a normal family vacation to see my wife’s family.. until it wasn’t, and got a tough surprise that my wife was leaving me, and planned on keeping our daughter in Argentina. The USA consulate in Argentina gave me a list of attorneys in Argentina that could help me. Fabiana was one of the attorneys that called me back.. she was on vacation at the time, but walked me through everything. She met me straight away, found out what was going on from the authorities.. and advised me to go back to the USA, so more allegations couldn’t be made. Over the next few months I spoke to Fabiana daily. She was so caring and motherly. I felt like I had someone on my side that cared deeply for the position I was in, and was working hard to rectify the wrongdoing that was happening. Fabiana knows the nuances of child abduction law, due to her immense experience. She anticipated things that only a veteran attorney would anticipate. After Fabiana negotiated with my ex and her attorney, to agree and come back to the USA with our daughter, she actually accompanied her all the way to Seattle. She wanted to make sure my ex didn’t disappear at an airport and start the whole process over. Upon landing in Seattle, Fabiana actually accompanied us to court in Washington, to testify if needed and to be moral support for us.  The whole thing was a total nightmare, that I wouldn’t wish on my worst enemy. But, Fabiana was a beacon of hope for me, representing me, understanding me, and doing her best to bring the right solution for her role in my divorce.. which was to bring our daughter back to the USA where our courts could take over.  My life would be so much different right now, without Fabiana.. as a matter of fact.. I’m laying in bed right now, on our family vacation, in Hawaii with my daughter in the bed next to me. It wouldn’t be happening right now, without Fabiana! Thank you, from the bottom of my heart

canada child abduction

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 state lawyers represented the kid, working for the state in all instance considered  It was not a Hague case since father had lived in Argentina for 18 months before he had filed the case. Federal Supreme Court denied accepting the case. We could settle a safe return to Canada. We represented the mother. 2017.

Miami child abduction

We succeeded in the Federal 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 represented the father.2015.

italy kidnapping

We obtained the voluntary returned 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 had to return the child.  We represented the father. 2015.

France child abductionWe obtained the return of a child to France, who had traveled without authorization to Argentina.  We represented the father. 2014.
child abduction Germany

We achieved with our fellows of San Rafael, Mendoza, to deny the return of two brothers to Germany, since father had moved to Argentina, and after almost a year he wanted to return to Germany.   The case was dismissed.  We represented the mother. 2014.

child abduction Germany

We achieved  in the first instance the return of a girl  to Germany  with his father.  The mother had traveled with a limited authorization but she decided to stay in Argentina. We represented the father. 2014.

españa secuestros

The father had authorized the mother to relocate to Argentina. Later the father files a Hague case. We represented the mother with local fellows and assist them in these matters, we signed an agreement and child was not return to Spain.  2014.  We represented the mother.

rumania argentina secuestros

A mother travel with her son with disabilities to Romania on a trip and never returned. We represented the father. The father filed a Hague case and criminal complaint. Finally, the mother returned the child from Romania, Requesting state, Argentina. 2013.

secuestro madre argentina

We accomplished the return of two children to Brazil retained in Argentina by their mother.  Marco Aurelio Gerace worked on the case in Brazil. Case was in Ciudad de Buenos Aires. Requesting state; Brazil.  We represented the father. Appeal Court confirmed return order 2013.

california buenos aires familia

The mother had retained her daughter illegally in Argentina.  She only had athorization for a limit time and for holidays purpose. We represented the father and child was returned to California. 2013.

chile secuestros internacionales

A family court of La Plata ordered the return of a girl to Chile that had been withheld by her mother in Argentina. In a session hosted at the Court of Appeal in La Plata, both parties reached an agreement due to the efforts of the judges.  We represented the father 2013.

hague lawyer

We represented the father, the defendant in a Hague case the requesting State was USA.  We argued art. 13 b) and mother gave up her petition. 2012 Mendoza court.

rumania argentina secuestros

We assisted an Argentine father in a Child case in Rumania. Child had been abducted by her mother since they live all togeteher in Cyprus. Father worked for the United Nations.  We assited the father in the ECHR since Rumania did not returned the child to Argentina. 2012.

colombia secuestros internacionales

Alongside our college Pablo Bohrquez Salamanca who represented our client, the father in Colombia we returned a girl home in Mendoza.  The girls had been abducted in Colombia.   We also obtained an article 15 of The Hague Convention. Requesting state; Argentina. 2012.

California child abductionIn 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 2013.
attorney kidnapping buenos airesWe represented an English father to have international visitation of his child living in Buenos Aires. We signed a good agreement between the parents.  Child travel to London. 2012.
españa secuestros

Court decided the return of an 11 years boy to Spain. Mother had decided not to return her son to Spain. She had a travel authorization for a limit time only.  We represented the father. 2011.

texas argentina child abduction

Mother had flown to Mexico with her daughter. The father appealed for the return of the daughters to Mexico and appeal had been denied by the Mexican courts. Meanwhile, an Argentine criminal court had requested to Interpol to arrest the mother and hold back  them. When the mother flew to USA from Mexico, she was arrested, and her daughter placed in a detention center in Colorado. 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. 2011. We work to help the defense of the mother.

españa secuestros

The mother goes to relocate to Argentina with her child. The father filed a motion for international child access. Father had never paid child support while the daughter was in Argentina. The father requested several hearings but never appeared. The right to international visitations was denied.  Requesting state: Spain.  2010. We represented the mother.

child abduction california argentina

A married couple lived in California. The husband was American, and the wife had the Argentine nationality. They had married in Las Vegas. Their daughter 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 of first instance decided that the daughter should not return to USA. An appeal was filed. The Civil Appeal Court revoked the decision and ordered the return of the child. Requesting state; United States. 2009.  We represented the father.

españa secuestros

The case was about a girl with down syndrome that had lived all her life in Mendoza, Argentina. The mother travel with her daughter to Peru, she only had a travel authorization not for relocation. The mother decided that she was not going to return to Argentina and was later found by Interpol. In first and second degree courts ordered the return to Argentina. We represented the father. Requesting state; Argentina. 2008.

France child abductionParents were from Argentina, but they lived in France.  After one year their daughter was born in Paris.  Meanwhile, the father was transferred to Brazil by his company and then finally sent to Spain. The mother traveled to Argentine.  The father filed a Hague case from Spain. Our team represented the mother, and our position was that mother never agreed to go to Spain, only to Brazil. Case was in Mendoza. Requesting state; Spain. 2007.  Parents signed a good agreement; child did not return to Spain.
china argentina secuestro niños

Parents  had a child and lived in Argentina. They travel to China with the intention to meet the paternal grandparents of the child. At arrival, the father decided not to return to Argentina and keep child passport. The family had remained in China for more than two years. The father was Chinese but lost his Chinese nationality when he applied and obtained the Argentine nationality. The mother filed a case in China to return to Argentina. The Chines court decided it had not jurisdiction since they were not Chinese citizens.  Finally, a motion was filed in Argentina, The argument was that the Chinese court had not jurisdiction and the child had some connection with Argentina.  After a long legal and administrative odyssey in Argentina as well as in China, China complied with argentine ruling and authorized the child to leave the country. This was the first case where China returned a child to a foreign country without having signed The Hague Convention. Requesting state; Argentina. 2007.  We represented the mother Read Press,

chile secuestros internacionales

The father did not allow his son to return to Argentina after going on vacation to Chile with his mother. The father lived in Chile. Alongside our Chilean college we represented the mother and received authorization for the child to return to Argentina. For more Information:click here

chile secuestros internacionales

A  child  had been crossed illegally by his father to Mendoza from Chile in a truck. The return to Chile was ordered. We represented the mother. Requesting state; Chile. For more information,  Read press

child abduction california argentina We represented a father in Argentina for an article 15 and in California court to have a Hague petittion for her daugther. Court ordered the return on the girl to Argentina. 2007.
retencion niños argentina

A judge from the state of Texas ordered that a child under the age of five had to return to Argentina. His father had been deported to Argentina. The mother continued to live in USA with an illegal status and did not follow the judge's decision. Marshals found the child in a raid. The daughter was given in custody to Fabiana Quaini who returned the child to Mendoza, since the father could not return to USA to pick her up, since he had been deported. Requesting state; Argentina. We represented the father. 2004. Press article;

secuestro madre argentina

Children were wrongful retained by their Brazilian mother in Rio de Janeiro who had flown from Buenos Aires. Return was ordered in Argentina in 2004. It was reported to the Inter-American Commission of Human Rights. There was an international warrant against the mother for the extradition.  She was arrested in Germany later. Brazil does not comply with The Hague Convention. 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. 2004. We represented the father. It was the first case that made change The Hague case from district courts to Federal courts in Brazil. Read Press

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