File Nº 14.593-2003

INCADAT legal file Hague parental abduction

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The child, a girl, was 3 years old at the time the complaint was filed. She was born in Cordoba, Argentina and initially lived there with her parents until they separated. On 2 November 2001 the parents reached an agreement on custody which they had ratified before a local court. The agreement included, inter alia, authorization for the girl to travel with the mother to Peru and stay there from December 2001 until 28 February 2002.
At the end of February 2002 the mother told the father that neither she nor the child would be returning to Argentina. On 29 March 2002 the mother returned to Argentina alone and she remained there until 15 June 2002. The father filed a return application with the Central Authority in Argentina, this was sent to the Peruvian Central Authority on 31 January 2003.
On 1 March 2004 the 16th Family Court in Peru ordered that the girl return in the company of the mother and that the father meet the expenses of the trip. In case it was not possible for the mother to return the Court ordered that there be a 10 day adaptation period for the child to establish a relationship with the father under the supervision of an interdisciplinary team. The mother appealed.