E.S. s/ Reintegro de hijo

INCADAT legal file Hague parental abduction

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The child was born in 2006 in Amsterdam. His parents had celebrated a Registered Union in 2005 in the Amsterdam Civil Registry, which was dissolved by Court order on 4 April 2007. At the request of the father, a provisional and supervised visitation order was settled by Dutch authorities; the father’s contact was extended by different decisions in 2007 and 2008 – even though the mother had introduced violence allegations against him.
The Dutch courts also stated that according to Article 253sa, Book I, Dutch Civil Code, both parents had rights of custody because the child had been born during their Registered Union. Therefore, the mother had to inform the father in writing, on a monthly basis, of important issues regarding the child or his patrimony and to consult the father as regards any relevant decisions in this regard.
Some time between December 2008 and January 2009, the mother unilaterally removed the child to Argentina without the father’s consent or his subsequent acquiescence to the removal. On 26 January 2009, the father requested the return of the child through the Dutch Central Authority.
On 23 December, 2009, the Family Court (Tribunal de Familia de Instancia ?nica Nº 1 de La Plata) denied the return. The father appealed the decision. On 18 April 2012, the Appellate Court (Suprema Corte de Justicia de Buenos Aires) revoked that decision and ordered the return of the child. The mother and the Child Protection Advisor appealed to the Argentine Supreme Court.