The case concerned a child born in March 2011 in Buenos Aires, Argentina. The child lived there for an uninterrupted period in a house rented by his paternal grandmother. He was three years old at the time of the removal.
The mother initiated maintenance proceedings against the father. In turn, the father sought the advice of the local mediation authority with the intention to acknowledge parentage. On 13 November 2014, the father acknowledged his paternity in respect of the child.
In December 2014, the childminder told the father that the child had travelled to Uruguay with the mother.
The mother knew about the father’s acknowledgement of parentage but did not report it to the National Migration Office of Argentina on the day of trip. In the original birth certificate used for the trip, the child did not have his father’s surname.
The father initiated criminal abduction proceedings. However, the charges against the mother were dismissed.
On 13 May 2015, the father’s international return application was sent by the Argentine Central Authority to the Uruguayan Central Authority.
On 18 September 2015, the father’s return application was rejected by the court of first instance in Uruguay. The ombudsman consequently appealed the decision.