Fabiana Marcela Quaini

Attorney- Argentina

Private International Law

International Child Abduction

New Case Esteve V. Brazil Inter American Commission Human Rigths

The Hague Convention on the Civil Aspects of International Child Abduction tries to ensure that children who are wrongfully removed or wrongfully retained by a parent, will be returned as quickly as possible to the country in which they habitually reside so that issues of parental responsibility can be resolved by the courts in that country. If your child is taken to a country which is not a party to the Hague Convention on the Civil Aspects of International Child Abduction or a country  with no bilateral agreement with Argentina, then you need to commence private legal proceedings in that country.

We can help to prevent threatened child abduction. We assist you to get a child back in Argentina and around the world under The Hague Convention proceedings or from a country that is not a party of the Hague Convention.

A Hague case can theoretically take years after the abduction and a defense would then arise that the child has become settled in the new environment.  The longer a child is in a new place the more the judge will deny returning the child back to the left-behind parent

Lawyer and clients must work very fast to obtain the documents needed to file the initial application and to introduce the action in the local  and foreign country court. The left-behind father should consider requesting prosecutors to institute criminal proceedings. International parental kidnapping could be a felony with a penalty with several years in prison. It could be possible to seek extradition based on an international warrant.  

It is very important to seek an attorney specialized in Hague proceedings. The local Hague lawyer then  will assist  with the the overseas lawyer, based on his knowledge of such lawyers in other jurisdictions.  Ms Fabiana Quaini is member for the International Academy of Matrimonial Lawyers and she dealt with complex cases in China, returning a child for the first time to Argentina, also dealt with process concerning Argentina, Rumania, U.S., Spain, Italy, France, Belgium, Holland, Great Britain, Israel, Brazil, Peru, Bolivia, Colombia, Chile, Mexico, Canada,  Japan.

Some of our "leading case" in international child abduction (in Spanish).

● Order to return kid to US from Argetina.  A re-abduction case. 2009

Visit our book" International child abductions civil and criminal law"