International Child Custody

[Ashley]

If there is one thing that Latin America is really strict about, it's not letting children leave the country without legal consent from BOTH parents. I have a friend in Brazil who came down here on a family holiday to Bariloche. The father arrived a few days earlier for business reasons and when his wife tried to travel down from SP with their 17 year old son and the rest of the family, the son couldn't leave Brazil because they'd forgotten the sign consent form from his dad. The only way around it was for the father to fly all the way back to SP and travel down with his wife and son together!
I'm from the UK and you always hear horror stories there about children being taken by their fathers (usually to the middle east) and mothers not being able to get them back so I think its great that Argentina has these laws...
I can't see you being able to take your child to the US without paternal consent (if he/she was born in Arg) but you should definitely see a lawyer and find out what your options are.

 

[katti]

Your still the father or mother, it seems to me

I have heard stories about one of the parents living abroad but still needing to sign the permission for the mother.

If kids travel alone (without one of the parents or with someone else) they also need the notary document signed by both parents.

 

[nikad]

What happens if the father or mother are not residents but perm-tourists?

That is not the point: it doesn´t matter whether the parents are Argentine or not. If the baby is Agentine is governed by Argentine law in this country, just like anybody living here legally or not, resident or permatourist.

 

[nikad]

I suppose that if you aren't in 'the system' this law doesn't apply to you...

They started asking us for the document as soon as they saw the (1 year) visa stamp in our passport.

Your assumption is incorrect: whether you are legal or not, you are under Argentine law.

 

[El chabon]

That is not the point: it doesn´t matter whether the parents are Argentine or not. If the baby is Agentine is governed by Argentine law in this country, just like anybody living here legally or not, resident or permatourist.

So that would mean a mother or father can never take there kid abroad without that permision, regardless of the immigration status of the father/mother?

 

[katti]

Your assumption is incorrect: whether you are legal or not, you are under Argentine law.

That is not true, when you are a tourist you can travel in and out of the country with your child (and without the other parent) as much as you want, without official documents.

We even had minor children visiting us alone, flying alone. they had the national belgian permission with them but didn't have to show it. Not here and not in Belgium.

 

[katti]

So that would mean a mother or father can never take there kid abroad without that permision, regardless of the immigration status of the father/mother?

as soon as there is an argentine involved : you need permission

 

[El chabon]

That is not true, when you are a tourist you can travel in and out of the country with your child (and without the other parent) as much as you want, without official documents.

We even had minor children visiting us alone, flying alone. they had the national belgian permission with them but didn't have to show it. Not here and not in Belgium.

But then both parents are non-Argentine, can imagine things are different then

 

[nikad]

So that would mean a mother or father can never take there kid abroad without that permision, regardless of the immigration status of the father/mother?

Exactly, unless you have diplomatic immunity.

 

[Nelevp]

I also gave birth to my little girl here in Argentina. So she has the Argentine nationality also.
My husband and I are both Belgian, but every time when I travel alone with her to Europe, I need to present her official (not certified copy!) birth certificate together with a paper (certified by an “escribano”) where he gives me the permission to travel with her.

It is very hard to take a baby out of the country without the permission of the father, especially when it has the Argentine nationality.
Honestly, a friend of mine is in the exact same situation as you and she still didn’t found a solution yet. I don’t want to discourage you, but it will be very, very hard…
The “only” thing you need is the permission of the father…