Thursday, August 10, 2023

U.S. ACTIONS AGAINST ARGENTINA FOR NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION

 

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction.

Argentina has been declared by the State Department to be noncompliant with the Hague Abduction Convention for each and every year for the past eight years.

The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Argentina:

·       Department officials, in Washington, DC and at the U.S. Embassy in Buenos Aires, continued to raise concerns with Government of Argentina officials about Argentina’s demonstration of a pattern of noncompliance.

·       In July 2022, the U.S. Ambassador to Argentina raised U.S. concerns about Argentina’s demonstration of a pattern of noncompliance with the Argentine Minister of Foreign Affairs, International Trade, and Worship.

·       In August 2022, officials at the U.S. Embassy in Buenos Aires met with the Director of the Argentine Central Authority to discuss international parental child abduction issues.

·       In September 2022, the Consul General at the U.S. Embassy in Buenos Aires met with counterparts at the French Embassy in Buenos Aires to discuss shared experiences with Argentina’s implementation of the Convention, specifically significant delays within the Argentine judiciary. This collaboration will allow the Department to target multilateral diplomacy initiatives and identify like-minded countries to explore areas of collaboration.

·       In May 2023, the Office of the Spokesperson released a media note to announce the release of the 2023 Annual Report on International Child Abduction and listed Argentina as a country cited for demonstrating a pattern of noncompliance.

·       Also in May 2023, the Deputy Chief of Mission at U.S. Embassy Buenos Aires delivered a demarche to the Argentine Undersecretary for Foreign Affairs in the Ministry of Foreign Affairs, International Trade, and Worship. The Deputy Chief of Mission notified the Government of Argentina that the Department cited Argentina in the 2023 Annual Report on International Child Abduction for demonstrating a pattern of noncompliance in 2022. This demarche highlighted Argentina’s persistent failure to comply with its Convention obligations. In particular, the demarche noted U.S. concerns with serious judicial delays and a legal system that allows multiple appeals both on the merits of the decision and on how decisions are enforced.

Jeremy D. Morley has provided expert evidence to courts in several U.S. states on such matters concerning Argentina.