International Child Custody

[Bella27]

It's merely a suggestion of a route to explore from someone who has gone through the process. I have an American passport. It states my foreign place of birth. I have a birth certificate from the foreign country I was born which states both mother and father and their respective nationalities. I've lived my life in the US and as a child traveled many times without any issue on an American passport with only my mother to from South America (an without a letter of permission from the sperm donor). Of course this was pre 9/11.

On a side note, I have travelled over a dozen times with my children thoughout South America and Europe without my spouse and I have never been asked to produce a letter of permission front their father. I have always had one ready in case that has been notarized and translated into the current language. BUT, I have yet to be questioned as to my travels with my children and had any agents inquire about their father. I'm aware what is written about traveling alone with children but in my experience it isn't how it's been applied. Then again, there maybe someone else out there that has had a completely different experience. This is simply my own experience.

 

[Bella27]

I highly doubt the American Embassy will ever go that route because it will have huge diplomatic complications and rightfully so.

Would be different if she was 1) married 2) gotten Argentine citizenship 3)the baby already had a Argentine passport

 

[glasgowjohn]

Would be different if she was 1) married 2) gotten Argentine citizenship 3)the baby already had a Argentine passport

But a baby born here is Argentine and must leave with an Argentine passport

Argentine law will prevail

 

[braytrain]

has the original poster contacted the US embassy?

 

[Davidglen77]

I know a young woman who came here from the US to study and ended up having a baby with an Argentine man. Shortly after the birth of the baby their relationship fizzled. She supports the baby, he doesn't work or contribute any money to the baby´s upbringing however according to Argentine law the child can not leave the country without his authorization. The child is now 6 years old and last year he gave her permission to return to the US with the child for a visit, but it was clearly stated in the authorization the dates he would allow the child to be outside of the country. The mother (US citizen, permanent resident in Argentina) was told if she didn't come back with the child it would be considered a "fugitive abduction" by the Hague Convention which the US and Argentina both subscribe to. I don't know what implications that would have, but they can't be positive. This isn't an easy situation, this young woman has a very difficult time surviving and paying for their well being on her own.

 

[El chabon]

I know a young woman who came here from the US to study and ended up having a baby with an Argentine man. Shortly after the birth of the baby their relationship fizzled. She supports the baby, he doesn't work or contribute any money to the baby´s upbringing however according to Argentine law the child can not leave the country without his authorization. The child is now 6 years old and last year he gave her permission to return to the US with the child for a visit, but it was clearly stated in the authorization the dates he would allow the child to be outside of the country. The mother (US citizen, permanent resident in Argentina) was told if she didn't come back with the child it would be considered a "fugitive abduction" by the Hague Convention which the US and Argentina both subscribe to. I don't know what implications that would have, but they can't be positive. This isn't an easy situation, this young woman has a very difficult time surviving and paying for their well being on her own.

She should tell the guy she will move to the US on her own and will leave the kid in his care unless he signs the form untill the kid is 18.

If he is like you say he is he will sign it

 

[syngirl]

For kids under 14 year you need such a permission from the notary each time you leave the country. At 14 you can put 3 countries of destination in them that is valid until they are 18 and can travel on their own....

Actually this is a bit incorrect -- we just got the letter of permission done, our baby is 1 year old, and we were able to get a letter that is up until the age of majority and he is allowed to travel with either one of his parents or by any adult carrying the letter of authorisation (ie he will be able to use this same permission to travel with his grandmother or if he goes on a school trip).

I can pass on the name of the escribano that did our letter, or if anyone is interested when i have time I can type in the wording of the permission on the forum for others to see.

 

[Davidglen77]

She should tell the guy she will move to the US on her own and will leave the kid in his care unless he signs the form untill the kid is 18.

If he is like you say he is he will sign it

He wouldn't care. He's 26 and lives with his parents who support him as he doesn't work (or lately she said he's working in negro). At one point in time she almost had him convinced to sign the child over and his parents (the baby's grandparents) persuaded him not to. Messed up situation.

 

[Fredd]

maybe argentinian law also covers the father of the child, cause you could not move to more than 200 kilometers inside the country and forbidden outside.
he has his fathers rigths on the child too.
hope all goes ok
regards
Fredd

 

[syngirl]

Actually this is a bit incorrect -- we just got the letter of permission done, our baby is 1 year old, and we were able to get a letter that is up until the age of majority and he is allowed to travel with either one of his parents or by any adult carrying the letter of authorisation (ie he will be able to use this same permission to travel with his grandmother or if he goes on a school trip).

I can pass on the name of the escribano that did our letter, or if anyone is interested when i have time I can type in the wording of the permission on the forum for others to see.

BTW yes, I felt a little odd signing a document for my one year old that gives permission essentially for anyone carrying the document to take him out of the country - I'm still kind of wondering if maybe I won't destroy it after this trip and get another one made next time we travel. It just feels like the document is far too powerful if anyone were ever to get their hands on it. Although yes, my husband has told me to stop being paranoid!

I travelled on my own with baby to Canada on Monday, had to show letter, Arg birth cert of baby, my Arg DNI, baby's Arg passport, and both of our Canadian passports to leave country (because we were travelling via USA so they had asked for proof he had visa there, Can. pass = his right to travel to USA).

In Newark I just had to show our Canadian passports, but in Canada I had to show the letter of permission again as well as his birrth cert and our passports.

Via Ezeiza it's impossible to leave without the letter of permission. Perhaps it would be easier over land. But under eyes of Argentine law you are abducting a child if you don't have the letter of permission.

The OP needs to talk to a lawyer. And she should know that with a 2 month old baby the court would never allow it to be taken from her -- so if the boyfriend threatens again tell him you know his threats are empty and tell him you will call the police right away.