Saturday, June 13, 2020

Argentina: Noncompliant with International Child Abduction Norms

Argentina is a party to the Hague Abduction Convention but it has been repeatedly identified by the U.S. State Department as a country that demonstrates a “Pattern of Noncompliance” as defined in the International Child Abduction Prevention and Return Act of 2014.
The State Department has reported, in its 2020 Annual Report on International Child Abduction, that:
“In 2019, Argentina continued to demonstrate a pattern of noncompliance. Specifically, the Argentine judicial authorities persistently failed to implement and comply with the provisions of the Convention. As a result of this failure, 100 percent of requests for the return of abducted children under the Convention remained unresolved for more than 12 months. On average, these cases were unresolved for five years. Argentina was previously cited for demonstrating a pattern of noncompliance in the 2014-2019 Annual Reports. ,,,  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. … In one longstanding case, Argentina did not enforce a return order for several years. 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.”
For more information on Argentina and International Child Abduction, see the information on our website on Child Abduction Prevention: Argentina and Notes on Travel Permits for Children in Argentina.