ChileOfficial Name: Republic of Chile
Embassies and Consulates
Avenida Andres Bello 2800, Las Condes
Telephone: (+562) 2330-3000
Emergency Telephone: (+562) 2330-3000
Fax: (+562) 2330-3710
Chile and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since July 1, 1994.
For information concerning travel to Chile, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see country-specific information for Chile at: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1088.html.
Hague Abduction Convention
The U.S. Department of State serves as the U.S. Central Authority (USCA) for the Hague Abduction Convention. In this capacity, the Department’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues facilitates the submission of applications under the Hague Abduction Convention for the return of, or access to, children located in countries that are U.S. treaty partners, including Chile. Parents are strongly encouraged to contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.
The Chilean Central Authority for the Hague Abduction Convention is the Corporación de Asistencia Judicial de la Región Metropolitana. The Chilean Central Authority performs the duties given to central authorities under the Hague Abduction Convention, including processing Hague Abduction Convention applications for return of and access to children. They can be reached at:
Corporación de Asistencia Judicial de la Región Metropolitana
To initiate a Hague case for return of, or access to, a child in Chile, the left-behind parent should submit a Hague application to the Chilean Central Authority (the Corporación de Asistencia Judicial de la Región Metropolitana) through the U.S. Central Authority (USCA). The USCA is available to answer questions about the Hague application process, to forward a completed application to the Chilean Central Authority, and to subsequently monitor its progress through the foreign administrative and legal processes.
There are no fees for filing Hague applications with either the United States or Chilean central authorities. Attorney fees, if necessary, are the sole responsibility of the person hiring the attorney. Additional costs may include airplane tickets for court appearances and for the return of the child, if so ordered.
A parent or legal guardian may file an application under the Hague Abduction Convention for return to the United States of a child abducted to, or wrongfully retained in, Chile. The U.S. Department of State can assist parents living in the United States to understand whether the Convention is an available civil remedy and can provide information on the process for submitting a Hague application.
A person may file an application under the Hague Abduction Convention for access to a child living in Chile. The criteria for acceptance of a Hague access application vary from country to country. The U.S. Department of State can assist parents living in the United States to understand country-specific criteria and provide information on the process for submitting a Hague application.
Retaining an Attorney
Retention of a private attorney is not required in order to submit a Hague Convention application to a court in Chile. For Hague return and access applications, attorneys from the Chilean Central Authority are available to represent the applicant parent, regardless of financial need.
The U.S. Embassy in Santiago, Chile posts list of attorneys including those who specialize in family law at: http://photos.state.gov/libraries/chile/328666/uscitizens/lawyer_attorney_list_2012.pdf
This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms contained on this list. Professional credentials and areas of expertise are provided directly by the lawyers.
In Chile, mediation is not available in Hague Convention cases. However, there are mediation centers to assist parents with other family issues at their request. The Chilean Central Authority is evaluating a way to incorporate mediation as an option in Hague abduction and access cases in the future. Additional information about mediation services is available at: http://www.cajmetro.cl/materias_atendidas.php.
This link to information about mediation is provided as a courtesy service only and does not constitute an endorsement of the information or services contained therein. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms contained on this list.
Do not attempt to take back your child
We strongly discourage taking matters into your own hands. The measures could be illegal and may delay your child’s return. Attempts to re-abduct your child from the United States may:
- Endanger your child and others;
- Prejudice any future judicial efforts you might wish to make in the United States; and
- Could even result in your arrest and imprisonment.
Finally, there is no guarantee that the chain of abductions would end with the one committed by you. A parent who has re-abducted a child may have to go to extraordinary lengths to conceal his or her whereabouts, living in permanent fear that the child may be re-abducted yet again.
If you are contemplating such desperate measures, we advise you to consider the emotional trauma inflicted on a child who is a victim of an abduction and a re-abduction. We discourage re-abduction not only because it is illegal, but also because of possible psychological harm to the child.
DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed in the relevant jurisdiction.