International Parental Child Abduction

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Country Information

Chile

Chile
Republic of Chile
Exercise normal precautions in Chile.

Exercise normal precautions in Chile.

Read the Safety and Security section on the country information page.

If you decide to travel to Chile:

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Hague Convention Participation
Party to the Hague Abduction Convention?
Yes
U.S. Treaty Partner under the Hague Abduction Convention?
Yes
What You Can Do
Learn how to respond to abductions FROM the US
Learn how to respond to abductions TO the US
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Embassies and Consulates

U.S. Embassy Santiago

Avenida Andres Bello 2800, Las Condes
Santiago, Chile
Telephone: +(56)(2) 2330-3000
Emergency After-Hours Telephone: +(56)(2) 2330-3000
Emergency Working-Hours Telephone: +(56)(2) 2330-3716
Fax: +(56)(2) 2330-3710
SantiagoUSA@state.gov

General Information

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.

The U.S. Department of State reports statistics and compliance information for individual countries in the Annual Report on International Parental Child Abduction (IPCA).  The report is located here.

 

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.

Contact information:

U.S. Department of State
Bureau of Consular Affairs
Office of Children's
CA/OCS/CI
SA-17, 9th Floor
Website: travel.state.gov

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

Calle Agustinas 1419
SANTIAGO DE CHILE
Chile
Tel./Fax: +56 (2) 937 1435
courriel/e-mail: internacional@cajmetro.cl
Internet: www.cajmetro.cl

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.

Return

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.

Visitation/Access

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

Retaining 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.

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.

Mediation

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 here.

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.

Exercising Custody Rights

While travelling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located.  For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent.  Attempts to remove your child to the United States may:

  • Endanger your child and others;
  • Prejudice any future judicial efforts; and
  • Could result in your arrest and imprisonment.

The U.S. government cannot interfere with another country’s court or law enforcement system.

To understand the legal effect of a U.S. order in a foreign country, a parent should consult with a local attorney in the country in which the child is located.  

For information about hiring an attorney abroad, see our section on Retaining a Foreign Attorney. 

Although we cannot recommend an attorney to you, most U.S. Embassies have lists of attorneys available online. Please visit the local U.S. Embassy or Consulate website for a full listing.

For more information on consular assistance for U.S. citizens arrested abroad, please see our website.

Country officers are available to speak with you Monday - Friday, 8:00 a.m. - 5:00 p.m.  For assistance with an abduction in progress or any emergency situation that occurs after normal business hours, on weekends, or federal holidays, please call toll free at 1-888-407-4747. See all contact information.

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. 

 

Last Updated: July 6, 2015

Assistance for U.S. Citizens

U.S. Embassy Santiago
Avenida Andres Bello 2800, Las Condes
Santiago, Chile
Telephone
+(56)(2) 2330-3000
Emergency
+(56)(2) 2330-3000
Fax
+(56)(2) 2330-3710
Chile Map