Wife really wants to go back to Argentina with kid

[sergio]

No one from the Argentinian embassy answers the phone anymore. I call everyday. But how can Argentina really in? There is no path to leaving the country as a tourist. I can't show them an airplane ticket home because no airplanes fly out of Argentina

Maybe someone with legal knowledge can clarify this but I think a person cannot take a child out of Argentina without permission from the other parent. I knew a foreign woman who was in this position. Her Argentine husband refused to let her take the child back to her country. She was faced with the choice of returning home alone or remaining in Argentina where SHE raised the child alone! This caused her tremendous economic hardship but she chose to do it to stay with her child. I don't know if the law still exists or if it equally applies but you might want a clarification before desperately looking for a way back to Argentina.

 

[nikad]

Maybe someone with legal knowledge can clarify this but I think a person cannot take a child out of Argentina without permission from the other parent. I knew a foreign woman who was in this position. Her Argentine husband refused to let her take the child back to her country. She was faced with the choice of returning home alone or remaining in Argentina where SHE raised the child alone! This caused her tremendous economic hardship but she chose to do it to stay with her child. I don't know if the law still exists or if it equally applies but you might want a clarification before desperately looking for a way back to Argentina.

It is still current, but they are already outside of Arg. It is done to prevent child abduction, but there is no issue when coming back in.

 

[citygirl]

The question is if Peru would let the wife leave with their child without permission of the father. Ugh..that's a tough one. Maybe point out to your wife that even if back in Argentina, she won't be seeing her family.
Where were you based before this vacation in Peru? Obviously not US if your wife doesn't have a green card. Argentina?

 

[Bajo_cero2]

We're currently stuck in Peru. Assuming she somehow could get a flight, when is the next time I'd be able to fly to Argentina as an American with no residency permit? Months? A year? Kiss my my marriage and child goodbye?

Life first. They will be better here.
It is possible to do an habeas corpus in order you come with them.
It is not legal residence what entitles you a place in a plane, instead, “the superior interest of the child” according to the International covenant for children, that means, to grow with both parents.
Even court is closed, you have two exceptions: 1) habeas corpus; 2) issues with a child.

 

[Bajo_cero2]

Yes child is us and Argentinian citizen. Us government has weekly flights from Lima to Miami but wife doesn't want to go to us. She feels safer in Argentina and wants to be with her mom and dad.

Argentina is a lot better than USA regarding COVID-19 and hospitals are for free.

 

[MatameBA]

This sounds more like an emotional safety issue rather than a physical safety one.

Assuming you just stay in your Airbnb, the odds of anyone in your family getting the coronavirus is pretty slim . You don't have to be an infectious disease specialist to know that you'll be exposed to more germs in an airport, airplane, or (as someone insanely suggested) taking the bus from Lima to BA.

This sounds like a classic situation of an Argentine getting scared and wanting mom and dad to make it better. But mom and dad can't make this better. You could even get mom and dad sick by passing it on to them unknowingly. The best - and most responsible - thing you can do is stay put.

She prefers our child grow up in Argentina because she doesn't like America and its "capitalist culture".

Btw, this is Argentine speak for "Get ready to spend the next 18+ years of your life in Argentina whether you like it or not."

 

[Aloha Boy]

Sorry, don't mean to sound rude. But she seems to have a mind of her own and does not seem to believe in you or your decisions, for the family. Especially knowing there are no flights available to Argentina and if there were, only to citizens. You must give a serious look back at your relationship. Unfortunately, you have a kid ; if it was only wife, I would have suggested to let go of her right now.

Yeah, I'm leaning with Ceviche here. She knows you can't get into ARG, but she and son can. If she's really emphasizing the safety of your child first, then that's very understandable. But you can negotiate on a TEMP location that is just as safe as Argentina that BOTH of you can be with your child. Some examples are Hawaii, Wyoming or Alaska (summertime is beautiful).

But if she's emphasizing that she wants to be with mommy and daddy (more than the safety of your son), well, then it sounds like she's putting her own non-essential comforts over being with you. That's a big red flag there. IF you let her take your child back to Argentina and IF you eventually separate, then that'll mean you'll have a very slim chance of getting your son back to the US at all from another country, regardless of the Hague Convention Agreement. So the next questions are how certain are you of her intention, and are you willing to take a chance of not having custody of your child till he grows up?

 

[Fiscal]

The question is if Peru would let the wife leave with their child without permission of the father. Ugh..that's a tough one. Maybe point out to your wife that even if back in Argentina, she won't be seeing her family.
Where were you based before this vacation in Peru? Obviously not US if your wife doesn't have a green card. Argentina?

I wouldn't block my wife from going back to Argentina with the kid.

 

[Fiscal]

Yeah, I'm leaning with Ceviche here. She knows you can't get into ARG, but she and son can. If she's really emphasizing the safety of your child first, then that's very understandable. But you can negotiate on a TEMP location that is just as safe as Argentina that BOTH of you can be with your child. Some examples are Hawaii, Wyoming or Alaska (summertime is beautiful).

But if she's emphasizing that she wants to be with mommy and daddy (more than the safety of your son), well, then it sounds like she's putting her own non-essential comforts over being with you. That's a big red flag there. IF you let her take your child back to Argentina and IF you eventually separate, then that'll mean you'll have a very slim chance of getting your son back to the US at all from another country, regardless of the Hague Convention Agreement. So the next questions are how certain are you of her intention, and are you willing to take a chance of not having custody of your child till he grows up?

Her parents called me today imploring me to "let her" get back on a flight to Argentina and return to their hometown, as if I've kidnapped her. I said hey we are fine here (in a super nice area of Lima on the cliffs with sweeping views of the Pacific) and they said it is better to be in one owns country during a crisis. I said well, we can always go to the United States and they screamed how it's unsafe there.

 

[Fiscal]

Life first. They will be better here.
It is possible to do an habeas corpus in order you come with them.
It is not legal residence what entitles you a place in a plane, instead, “the superior interest of the child” according to the International covenant for children, that means, to grow with both parents.
Even court is closed, you have two exceptions: 1) habeas corpus; 2) issues with a child.

I called LATAM today and they said I could return to Argentina as the father of my child on one of their repatriation flights. Is that really true? Can I trust an airline rep?