The case is about a seven-year-old girl born in the city of Arica, Republic of Chile, where she lived with her mother, of Argentine nationality, and her father, of Chilean nationality. After the parents decided to end their marriage, the father chose to stay in Arica, and the mother went back to the city of Formosa in Argentina.
In August 2019, the parents concluded an agreement under Chilean law, stipulating that the father would have personal custody of the child and the mother would communicate freely, directly and regularly with her.
In addition, the father granted an authorisation for the child to spend her vacations with the mother in the city of Formosa, Argentina, and return to Chile by end of February 2020. As agreed, the child travelled to Argentina to spend her vacation with the mother, but they did not return to the city of Arica on the relevant date.
On 28 September 2020, the father filed a return application before the Family Court of the City of Formosa.
