Welcome to the Latin American Section

Inter-American Convention | Bilateral Agreements | Procedural Laws | INCADAT |
Regional Meetings | Network of Judges | Judicial Seminars | Bibliography

Latin American States have two multilateral instruments that deal specifically with international child abduction: the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and the 1989 Inter-American Convention on the International Return of Children.

17 Latin American States are currently Parties to the 1980 Hague Child Abduction Convention, while the Inter-American Convention is in force between 14 States from the Americas (including Bolivia and Antigua & Barbuda, which are not yet Parties to the 1980 Hague Child Abduction Convention).

In this section, you will find information on the aforementioned Conventions and their implementation and operation in the Latin American sphere, including case law, regional and national initiatives, and seminars and meetings held in Latin American States regarding child abduction issues.

 

 Inter-American Convention on the international return of children ^ 

Full text of the Convention adopted by the Inter-American Specialized Conference on Private International Law, held in 1989 in Montevideo, Uruguay.

Contracting States

Central Authorities

 

 Bilateral Agreements ^

Three bilateral agreements which include provisions on international child abduction have been signed in Latin America. They have become obsolete in practice since States tend to use the 1980 Hague Child Abduction Convention and the Inter-American Convention instead:

  • Convention on international return of children between the Oriental Republic of Uruguay and the Chile Republic, in force since 14 April 1982 (in Spanish only) 
  • Convention on International protection of children between the Oriental Republic of Uruguay and the Argentine Republic, in force since 10 December 1982 (in Spanish only) 
  • Convention on International return of children between the government of the Oriental Republic of Uruguay and the Peru Republic, in force since 2 February 1989 (in Spanish only) 

 

 Procedural Laws for the application of the Child Abduction Conventions ^

  • Model Law on Procedure for the application of the Conventions on International Child Abduction

The Model Law was developed by a group of experts co-ordinated by the Hague Conference on Private International Law and the Inter-American Children's Institute (IIN). This group of experts was chaired by Mr. Ricardo Pérez Manrique (Uruguay), with the participation of: Mrs. María Lilian Bendahan Silveira (Uruguay), Mr. Eduardo Cavalli Asole (Uruguay), Mrs. Raquel Gonzalez (United States of America), Mrs. Graciela Tagle (Argentina), Mr. Dionisio Nuñez Verdín (Mexico), Mrs. Delia Cedeño Palacios (Panama), and Mrs. Luz María Capuñay Chavez (Peru).

  • National Procedural laws issued in the Latin American sphere (in Spanish only)
    • Chile: Supreme Court Ruling of November 3, 1998
    • Dominican Republic: Resolution 480/2008 of the Supreme Court of Justice
    • Panama: Executive Order 222/2001
    • Uruguay: Act No 18.895 Return of persons under sixteen years old illegally removed or retained

 

 INCADAT: The International Child Abduction Database ^

The International Child Abduction Database ("INCADAT") makes accessible leading decisions concerning the 1980 Hague Child Abduction Convention, as well as other decisions relevant to international child abduction. International child abduction cases involving States from the Latin American sphere (either as the requesting or requested State) can be found on the "Case Law Search" page of INCADAT by choosing the name of the relevant State from the drop-down menu under "Requested State" or "Requesting State".  

In addition, it is envisaged that summaries of decisions concerning the Inter-American Convention of 15 July 1989 on the International Return of Children will be made available on INCADAT in the future. When available, they will be accessible via the "Case law search" page of INCADAT, by choosing the option "Search only: Inter-American Convention cases". Furthermore a search can be made by country of decision. 

 

 Special regional meetings on the practical operation of the 1980 Hague Child Abduction Convention and the Inter-American Convention ^

 

 International Hague Network of Judges - Members from American Countries ^

List of Members of the Network from American Countries

 

 Judicial Seminars on the International Protection of Children ^

 

 Bibliography (in Spanish) ^