Some cases handled by our law firm in civil and criminal matters related to child abduction, wrongful retention, and international visitation:
We secured the return of a girl to Finland in the first instance, in the appellate court, and before the Argentine Supreme Court (CSJN). Execution is still pending. The lower courts ruled that the child's habitual residence was Finland, that the relocation was non-consensual, and that no exceptions justified non-return. Unfortunately, the judicial process is slow, especially at the CSJN, which took over a year and a half to dismiss the appeal. This delay is a negative example for the justice system, contributing to Argentina’s poor ranking, as reported annually by the U.S. State Department to Congress. (2024)
We achieved the return of two children to Mexico after their mother wrongfully retained them in Entre Ríos. The case was complex due to local authorities’ opposition, including the child advocate and prosecutor, who recommended against return. The judge failed to implement safe measures for the return and did not verify the removal of travel restrictions, causing issues at immigration. We resolved these issues, but the judge’s lack of diligence delayed execution. These processes require knowledge and care, which were absent here. We were also denied participation in hearings, highlighting a possible fear of input from experienced professionals. We hope for training to prevent further harm to families. (June 2024)
In collaboration with Nicaraguan lawyers, we facilitated the return of two girls to Argentina, illegally retained by their mother. The girls were supposed to return after a set period but did not. Despite Nicaragua’s complexities in such cases, a knowledgeable judge enabled their return. We commend the father's perseverance. (Nov. 2023)
A six-month-old child was abducted by his mother from France to Argentina. In Córdoba, the lower court denied the return, but the Superior Court ruled in favor of the father. The mother unsuccessfully appealed to the CSJN, which dismissed the case within two months. We appreciated working with local colleagues. (July 2022)
We secured the return of a child to France after her mother retained her in Argentina. The decision, upheld by the appellate court, took nearly two years due to lower court delays. The CSJN dismissed the case. The mother is now a fugitive, and the child is under an Interpol alert. Proper measures were not taken to prevent this. We hope for a resolution soon. (June 2022)
We secured the return of a child to France after her mother retained her in Argentina. The decision, upheld by the appellate court, took nearly two years due to lower court delays. The CSJN dismissed the case. The mother is now a fugitive, and the child is under an Interpol alert. Proper measures were not taken to prevent this. We hope for a resolution soon. (June 2022)
We represented two sisters who did not want to return with their mother to Spain. Quilmes court. 2021.
A mother was detained for 20 days for child abduction and defying a court order to return children to France. She now awaits trial and faces significant penalties. We represent the father as plaintiffs. Gender should not be a factor in criminal cases. (2019) Children returned home.
In a case involving Ecuador, where children were wrongfully retained, we filed a criminal complaint in Buenos Aires. The lower court did not consider the retention a crime, but the appellate court overturned the decision, acknowledging it as a violation of Law 24.270. We represent the father. (2020)
We secured the return of children to France after their mother abducted them to Argentina. The CSJN rejected her appeals. When the mother fled, authorities located the children, ensuring their safe return to France. (2019)
After six years, we facilitated the return of two girls to their father in Virginia, USA, despite false accusations against him. The children now live happily with their father. This case highlighted judicial favoritism and systemic delays. (2017).
In a Quilmes court, we reached an amicable agreement for a child to return to Seattle, USA, with her mother to resolve custody issues there. The judge and his team demonstrated excellent cooperation. (April 2017)
We successfully opposed a return order to Canada, later reversed by the appellate court despite strong arguments that it was not a Hague case. A favorable agreement was ultimately reached.
Through an unprecedented presentation, the CSJN ordered the immediate execution of a 2011 judgment for a child's return to the U.S. The mother remains under an international arrest warrant. (2015)
We facilitated the voluntary return of a child to Italy, enabling the family to reunite there. (2017)
We secured the return of a child to France with cooperation from both parties. (2017)
In a San Isidro court, we obtained a return order for a child to Germany. (2017)
In the first instance, we advised and collaborated exclusively on international matters with local colleagues from the San Rafael Bar Association in Mendoza to oppose the return of two children. The father sought their return nearly a year after having resided in Argentina, where he looked for employment and declared his residence. The case is closed. Requesting state: Germany. 2015. We represented the mother.
The father had authorized the mother to relocate to Argentina. Later, the father filed for the international return of the children. We represented the mother alongside local colleagues who invited us to assist in these matters. We successfully demonstrated the agreement for a change of residence and signed an international visitation and parental responsibility agreement that benefited the child and both parents. Mendoza’s judiciary intervened. Requesting state: Spain. 2014. We represented the mother.
A mother traveled to Romania with her differently-abled child but did not return. The father filed an international return request. We initiated civil and criminal proceedings. Ultimately, the mother handed over the child in Romania. Requesting state: Argentina. We represented the father.
We achieved the return of two children to Brazil who were retained in Argentina by their mother. The case was handled by the National Court No. 4. Requesting state: Brazil. The Marco Aurelio Gerace law firm worked on the case from Brazil. 2014. We represented the father.
The Supreme Court of Buenos Aires upheld the ruling from Family Court No. 2 of San Isidro, where a mother had wrongfully retained her child in Argentina after a vacation. We represented the father, securing a final ruling in Argentina for the child’s return. We also succeeded in the first instance. Requesting state: United States. 2014.
A Family Court in La Plata ordered the return of a child to Chile after the mother wrongfully retained the child in Argentina. During an appeal hearing in April 2013, both parties reached an agreement thanks to the efforts of judges and technical teams. Requesting state: Chile. Family Court No. 2 of La Plata intervened. 2013. We represented the father.
After more than three years of proceedings, we ensured that a child remained with her father in Mendoza, despite the mother filing a kidnapping complaint from the United States. Following our intervention, the claimant had little recourse and ultimately withdrew the case. Requesting state: United States. 2011. We represented the father.
We represented a father seeking the return of his child, who had been abducted in Romania. The father worked for the United Nations. Romanian courts, in the second instance, denied the return, arguing that a pilot could not be a father. We prepared the case for the European Court of Human Rights (ECHR), and Romania was ultimately condemned. 2013.
Together with our Colombian colleagues, we facilitated the return of a child to her home in Mendoza. The child had been unlawfully retained by her mother in Colombia. The child was born and raised in Mendoza until she traveled for a supposed short vacation. The mother, now in Bogotá, left with the child, and the father never got to enjoy the family trip promised by his partner. We obtained an Article 15 ruling under the 1980 Hague Convention in Argentina. Requesting state: Argentina. Family Court No. 1 of Mendoza. 2010. We represented the father.
In case AF11598616, presided over by the Honorable Judge Alice Vilardi, a two-year-old child was ordered to be returned to Argentina. The child, born in Argentina, had traveled on vacation with both parents, both U.S. citizens. The process lasted less than a month. Our firm represented the father in obtaining the Article 15 ruling in Argentina, from National Court No. 12, and assisted our colleague in California regarding Argentine law and procedural matters. 2012.
We represented a British father to secure visitation rights for his child from Argentina to England. We achieved a safe and beneficial visitation agreement for both parents. 2012.
In August 2010, an Argentine mother residing in Spain traveled with her 11-year-old son to Argentina for a supposed vacation that turned into a permanent stay. The National Court intervened, and we obtained a return order in both the first and second instances. Requesting state: Spain. Court No. 76. 2012. We represented the father.
An Argentine mother traveled to Mexico with her daughter. The father requested her return to Mexico, but Mexican courts denied the petition. Meanwhile, the father obtained an Interpol arrest warrant. When the mother traveled from Mexico to the United States, she was detained, and the child was placed in an immigration detention center. The father sought the child’s return in a U.S. court, but the request was denied due to res judicata, as the case had already been resolved in Mexico. The case took place in Colorado, under Broda v. Abarca, 2011 WL 900983 (D.Colo.). The case was handled and won by Caroline Langley. Requesting state: Argentina. 2011. We collaborated with the mother’s attorney in the U.S.
A Spanish father and an Argentine-Spanish mother were residing in Spain with their daughter. The mother moved to Argentina, and the father requested international visitation rights, insisting the child should travel alone at a very young age and spend nearly half the time with him. The father never contributed to child support in Argentina and repeatedly failed to attend scheduled hearings. The court denied international visitation in Spain and ordered that visits occur in Argentina. We represented the mother. The Mendoza judiciary intervened. Requesting state: Spain. 2010.
A couple living in California, with the father being American and the mother Argentine, married in Las Vegas. The mother took their 3-year-old daughter to Argentina for a six-week vacation but decided to stay. The child, born in Argentina, remained there. A California judge ordered the mother to appear in court, but she refused. In the first instance, an Argentine judge ruled that the child should not return to the U.S. However, the decision was overturned by the Civil Court of Appeals. Requesting state: United States. 2009. We represented the father.
The case concerned a girl with Down syndrome who had lived all her life in Mendoza, Argentina. Using the excuse of visiting her family, the mother managed to obtain a travel permit from her partner. The mother then decided not to return to Argentina and was found by Interpol. Both the first and second instances ordered her return to Argentina. We represented the father. Requesting State, Argentina
An Argentine couple had been living in France for more than a year. The mother gave birth to a daughter and 30 days later she travelled with her to Argentina. Meanwhile, the father was going to be transferred to Brazil by his company and was finally assigned to Spain. The mother decided not to travel to Spain. The father requested restitution from Spain. Our firm represented the mother. Our position was that the minor had only been in France for a month and that her centre of life could have been France but not Spain. The parties reached an agreement that was beneficial to both parties and the minor remained living with her daughter in Argentina. The Mendoza courts intervened, the requesting State being Spain. 2008 We represented the mother.
UAn Argentine couple had been living in France for more than a year. The mother gave birth to a daughter and 30 days later she traveled with her to Argentina. Meanwhile, the father was going to be transferred to Brazil by his company and was finally assigned to Spain. The mother decided not to travel to Spain. The father requested restitution from Spain. Our firm represented the mother. Our position was that the minor had only been in France for a month and that her life center could have been to France but not Spain. The parties reached an agreement. A couple with their son, all Argentines, traveled to China from Argentina in order to meet the child's paternal grandparents. Upon arrival, the father decided not to return to Argentina. The three of them had been in China for more than two years. The father was Chinese but having acquired Argentine nationality, he had lost Chinese nationality due to Chinese law. The mother appealed to the Chinese courts to request authorization to return to Argentina. The courts declared themselves incompetent as they were all foreigners and could not hear the case. Finally, a petition was made in Argentina invoking the forum of necessity since if Argentina did not hear the case, no other court in the world would do so and the child would remain in China until he came of age. After a long legal and administrative odyssey in both Argentina and China, the latter country complied with the Argentine ruling and the request of the Argentine Embassy in Beijing and authorized the child to return to Argentina with his mother. This case was the first in which China returned a minor to a foreign country without having signed the Hague Convention. 2010. We represented the mother.
Return to Chile was agreed with a broad regime of visits between siblings. We represented the mother. Requesting State, Chile. 2007
An article 15 and together with our colleagues in the northern country. The court ordered the return of the girl. 2007
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A Texas State Judge ordered that a five-year-old girl be returned to her father, who had been deported to Argentina for living illegally in the US. The girl's mother continued to live in the US illegally and did not comply with the Texas judge's order. A team of sheriffs went looking for her and in a raid they located the girl with her mother. The girl was handed over to Fabiana Quaini who returned her to Mendoza, since the father could not return to the US to look for her because he had been deported. Requesting State: Argentina. 2005. We represent the father.
A Texas State Judge ordered that a five-year-old girl be returned to her father, who had been deported to Argentina for living illegally in the US. The girl's mother continued to live in the US illegally and did not comply with the Texas judge's order. A team of sheriffs went looking for her and in a raid they located the girl with her mother. The girl was handed over to Fabiana Quaini who returned her to Mendoza, since the father could not return to the US to look for her because he had been deported. Requesting State: Argentina. 2005. We represent the father.
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Some cases handled by our law firm in civil and criminal matters related to child abduction, wrongful retention, and international visitation:
We achieved the return of two children to Mexico after their mother wrongfully retained them in Entre Ríos. The case was complex due to local authorities’ opposition, including the child advocate and prosecutor, who recommended against return. The judge failed to implement safe measures for the return and did not verify the removal of travel restrictions, causing issues at immigration. We resolved these issues, but the judge’s lack of diligence delayed execution. These processes require knowledge and care, which were absent here. We were also denied participation in hearings, highlighting a possible fear of input from experienced professionals. We hope for training to prevent further harm to families. (June 2024)
We secured the return of a child to France after her mother retained her in Argentina. The decision, upheld by the appellate court, took nearly two years due to lower court delays. The CSJN dismissed the case. The mother is now a fugitive, and the child is under an Interpol alert. Proper measures were not taken to prevent this. We hope for a resolution soon. (June 2022)
We secured the return of a child to France after her mother retained her in Argentina. The decision, upheld by the appellate court, took nearly two years due to lower court delays. The CSJN dismissed the case. The mother is now a fugitive, and the child is under an Interpol alert. Proper measures were not taken to prevent this. We hope for a resolution soon. (June 2022)
In a case involving Ecuador, where children were wrongfully retained, we filed a criminal complaint in Buenos Aires. The lower court did not consider the retention a crime, but the appellate court overturned the decision, acknowledging it as a violation of Law 24.270. We represent the father. (2020)
We secured the return of children to France after their mother abducted them to Argentina. The CSJN rejected her appeals. When the mother fled, authorities located the children, ensuring their safe return to France. (2019)
After six years, we facilitated the return of two girls to their father in Virginia, USA, despite false accusations against him. The children now live happily with their father. This case highlighted judicial favoritism and systemic delays. (2017).
In a Quilmes court, we reached an amicable agreement for a child to return to Seattle, USA, with her mother to resolve custody issues there. The judge and his team demonstrated excellent cooperation. (April 2017)
We successfully opposed a return order to Canada, later reversed by the appellate court despite strong arguments that it was not a Hague case. A favorable agreement was ultimately reached.
Through an unprecedented presentation, the CSJN ordered the immediate execution of a 2011 judgment for a child's return to the U.S. The mother remains under an international arrest warrant. (2015)
We facilitated the voluntary return of a child to Italy, enabling the family to reunite there. (2017)
We secured the return of a child to France with cooperation from both parties. (2017)
In a San Isidro court, we obtained a return order for a child to Germany. (2017)
In the first instance, we advised and collaborated exclusively on international matters with local colleagues from the San Rafael Bar Association in Mendoza to oppose the return of two children. The father sought their return nearly a year after having resided in Argentina, where he looked for employment and declared his residence. The case is closed. Requesting state: Germany. 2015. We represented the mother.
The father had authorized the mother to relocate to Argentina. Later, the father filed for the international return of the children. We represented the mother alongside local colleagues who invited us to assist in these matters. We successfully demonstrated the agreement for a change of residence and signed an international visitation and parental responsibility agreement that benefited the child and both parents. Mendoza’s judiciary intervened. Requesting state: Spain. 2014. We represented the mother.
A mother traveled to Romania with her differently-abled child but did not return. The father filed an international return request. We initiated civil and criminal proceedings. Ultimately, the mother handed over the child in Romania. Requesting state: Argentina. We represented the father.
We achieved the return of two children to Brazil who were retained in Argentina by their mother. The case was handled by the National Court No. 4. Requesting state: Brazil. The Marco Aurelio Gerace law firm worked on the case from Brazil. 2014. We represented the father.
The Supreme Court of Buenos Aires upheld the ruling from Family Court No. 2 of San Isidro, where a mother had wrongfully retained her child in Argentina after a vacation. We represented the father, securing a final ruling in Argentina for the child’s return. We also succeeded in the first instance. Requesting state: United States. 2014.
A Family Court in La Plata ordered the return of a child to Chile after the mother wrongfully retained the child in Argentina. During an appeal hearing in April 2013, both parties reached an agreement thanks to the efforts of judges and technical teams. Requesting state: Chile. Family Court No. 2 of La Plata intervened. 2013. We represented the father.
After more than three years of proceedings, we ensured that a child remained with her father in Mendoza, despite the mother filing a kidnapping complaint from the United States. Following our intervention, the claimant had little recourse and ultimately withdrew the case. Requesting state: United States. 2011. We represented the father.
We represented a father seeking the return of his child, who had been abducted in Romania. The father worked for the United Nations. Romanian courts, in the second instance, denied the return, arguing that a pilot could not be a father. We prepared the case for the European Court of Human Rights (ECHR), and Romania was ultimately condemned. 2013.
Together with our Colombian colleagues, we facilitated the return of a child to her home in Mendoza. The child had been unlawfully retained by her mother in Colombia. The child was born and raised in Mendoza until she traveled for a supposed short vacation. The mother, now in Bogotá, left with the child, and the father never got to enjoy the family trip promised by his partner. We obtained an Article 15 ruling under the 1980 Hague Convention in Argentina. Requesting state: Argentina. Family Court No. 1 of Mendoza. 2010. We represented the father.
In case AF11598616, presided over by the Honorable Judge Alice Vilardi, a two-year-old child was ordered to be returned to Argentina. The child, born in Argentina, had traveled on vacation with both parents, both U.S. citizens. The process lasted less than a month. Our firm represented the father in obtaining the Article 15 ruling in Argentina, from National Court No. 12, and assisted our colleague in California regarding Argentine law and procedural matters. 2012.
We represented a British father to secure visitation rights for his child from Argentina to England. We achieved a safe and beneficial visitation agreement for both parents. 2012.
In August 2010, an Argentine mother residing in Spain traveled with her 11-year-old son to Argentina for a supposed vacation that turned into a permanent stay. The National Court intervened, and we obtained a return order in both the first and second instances. Requesting state: Spain. Court No. 76. 2012. We represented the father.
An Argentine mother traveled to Mexico with her daughter. The father requested her return to Mexico, but Mexican courts denied the petition. Meanwhile, the father obtained an Interpol arrest warrant. When the mother traveled from Mexico to the United States, she was detained, and the child was placed in an immigration detention center. The father sought the child’s return in a U.S. court, but the request was denied due to res judicata, as the case had already been resolved in Mexico. The case took place in Colorado, under Broda v. Abarca, 2011 WL 900983 (D.Colo.). The case was handled and won by Caroline Langley. Requesting state: Argentina. 2011. We collaborated with the mother’s attorney in the U.S.
A Spanish father and an Argentine-Spanish mother were residing in Spain with their daughter. The mother moved to Argentina, and the father requested international visitation rights, insisting the child should travel alone at a very young age and spend nearly half the time with him. The father never contributed to child support in Argentina and repeatedly failed to attend scheduled hearings. The court denied international visitation in Spain and ordered that visits occur in Argentina. We represented the mother. The Mendoza judiciary intervened. Requesting state: Spain. 2010.
A couple living in California, with the father being American and the mother Argentine, married in Las Vegas. The mother took their 3-year-old daughter to Argentina for a six-week vacation but decided to stay. The child, born in Argentina, remained there. A California judge ordered the mother to appear in court, but she refused. In the first instance, an Argentine judge ruled that the child should not return to the U.S. However, the decision was overturned by the Civil Court of Appeals. Requesting state: United States. 2009. We represented the father.
The case concerned a girl with Down syndrome who had lived all her life in Mendoza, Argentina. Using the excuse of visiting her family, the mother managed to obtain a travel permit from her partner. The mother then decided not to return to Argentina and was found by Interpol. Both the first and second instances ordered her return to Argentina. We represented the father. Requesting State, Argentina
An Argentine couple had been living in France for more than a year. The mother gave birth to a daughter and 30 days later she travelled with her to Argentina. Meanwhile, the father was going to be transferred to Brazil by his company and was finally assigned to Spain. The mother decided not to travel to Spain. The father requested restitution from Spain. Our firm represented the mother. Our position was that the minor had only been in France for a month and that her centre of life could have been France but not Spain. The parties reached an agreement that was beneficial to both parties and the minor remained living with her daughter in Argentina. The Mendoza courts intervened, the requesting State being Spain. 2008 We represented the mother.
UAn Argentine couple had been living in France for more than a year. The mother gave birth to a daughter and 30 days later she traveled with her to Argentina. Meanwhile, the father was going to be transferred to Brazil by his company and was finally assigned to Spain. The mother decided not to travel to Spain. The father requested restitution from Spain. Our firm represented the mother. Our position was that the minor had only been in France for a month and that her life center could have been to France but not Spain. The parties reached an agreement. A couple with their son, all Argentines, traveled to China from Argentina in order to meet the child's paternal grandparents. Upon arrival, the father decided not to return to Argentina. The three of them had been in China for more than two years. The father was Chinese but having acquired Argentine nationality, he had lost Chinese nationality due to Chinese law. The mother appealed to the Chinese courts to request authorization to return to Argentina. The courts declared themselves incompetent as they were all foreigners and could not hear the case. Finally, a petition was made in Argentina invoking the forum of necessity since if Argentina did not hear the case, no other court in the world would do so and the child would remain in China until he came of age. After a long legal and administrative odyssey in both Argentina and China, the latter country complied with the Argentine ruling and the request of the Argentine Embassy in Beijing and authorized the child to return to Argentina with his mother. This case was the first in which China returned a minor to a foreign country without having signed the Hague Convention. 2010. We represented the mother.
Return to Chile was agreed with a broad regime of visits between siblings. We represented the mother. Requesting State, Chile. 2007
.
A Texas State Judge ordered that a five-year-old girl be returned to her father, who had been deported to Argentina for living illegally in the US. The girl's mother continued to live in the US illegally and did not comply with the Texas judge's order. A team of sheriffs went looking for her and in a raid they located the girl with her mother. The girl was handed over to Fabiana Quaini who returned her to Mendoza, since the father could not return to the US to look for her because he had been deported. Requesting State: Argentina. 2005. We represent the father.
A Texas State Judge ordered that a five-year-old girl be returned to her father, who had been deported to Argentina for living illegally in the US. The girl's mother continued to live in the US illegally and did not comply with the Texas judge's order. A team of sheriffs went looking for her and in a raid they located the girl with her mother. The girl was handed over to Fabiana Quaini who returned her to Mendoza, since the father could not return to the US to look for her because he had been deported. Requesting State: Argentina. 2005. We represent the father.