Latin American and Caribbean 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 and Caribbean 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 and Caribbean sphere, including case law, regional and national initiatives, and seminars and meetings held in Latin American and Caribbean 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.
- Contrating 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 Regulations 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 regulations issued in the Latin American sphere (in Spanish only)
- Argentina: Protocol of Action for the operation of the Conventions on International Child Abduction. Supreme Court of Justice of the Nation, National Commission on Access to Justice, 28/04/2017
- Brazil: Resolution No. 257 of 11 September 2018 of the National Council of Justice
- Chile: Supreme Court decision 205-2015, of December 3, 2015
- Nicaragua: Protocol on Procedures for the Application of International Norms on Abduction and International Restitution of Children and Adolescents in the Field of Family Law. Supreme Court of Justice and Ministry of the Family (Central Authority), 29 October 2012
- Dominican Republic: Resolution 480/2008 of the Supreme Court of Justice
- Panama: Executive Order 222/2001
- Paraguay: Procedural instruction on the implementation of international instruments ratified by the Republic of Paraguay on the international return of minors. Plenary Session of the Supreme Court of Justice, 3 September 2019
- Uruguay: Act No 18.895 Return of persons under sixteen years old illegally removed or retained
- Venezuela: Supreme Court Resolution Nº 2017-0019, of October 4, 2017
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 ^
- 2nd Inter-American Meeting of Central Authorities and International Hague Network Judges on International Child Abduction (Panama, 29-31 March 2017)
- Inter-American Meeting of International Hague Network Judges and Central Authorities on International Child Abduction (Mexico, 23-25 February 2011).
- V Meeting of Central Authorities and Contact Points of "IberRed" on international child abduction. Cartagena de Indias (Colombia), July 21-23, 2010 (in Spanish only)
- Second Meeting of Government Experts. Inter-American Program of Cooperation for the Prevention and Remedy of Cases of International Abduction of Children by one of their Parents, Buenos Aires, Argentina, September 19-21, 2007
- Speeches (in Spanish only):
- Perspectiva de la temática por parte de la Conferencia de La Haya de Derecho Internacional Privado (HCCH), Mr. Ignacio Goicoechea;
- Ley Modelo, Mag. Ricardo Pérez Manrique;
- El fenómeno de la sustracción internacional de niños, niñas y adolescentes y la normativa internacional vigente en esta materia, Judge Francisco Javier Forcada Miranda
- Report of Round Table 1 - Conventions
- Report of Round Table 2 - Central Authorities
- Report of Round Table 3 - Model rules of procedure for the international return of children
- Inter-American Expert Meeting on International Child Abduction, November 2006
- AG/RES. 2028 (XXXIV - O/04) Inter-American Program of Cooperation for the Prevention and Remedy of Cases of International Abduction of Children by one of their Parents.
- Expert Meeting on International Child Abduction. Montevideo, August 12 and 13, 2002.
International Hague Network of Judges - Members from American Countries ^