By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Chile is a contracting state to the Hague Convention on the Civil Aspects of International Child Abduction, having ratified the Convention on February 23, 1994. Chile has adopted a specific interpretive declaration under Article 3 of the Convention, aligning wrongful removal and retention determinations with its domestic child custody law, which applies until a child reaches 18 years of age.
As a result, Chile may treat the wrongful removal of a child aged sixteen to eighteen as actionable under the Convention framework, notwithstanding the Convention’s general application to children under sixteen. This interpretation can materially affect cross-border return proceedings involving Chile.
Domestic Framework Implementing the Hague Convention
Chile’s Central Authority operates under the Ministry of Justice and performs an administrative and coordinating role. Judicial authority over return determinations rests exclusively with the courts.
Chile’s Supreme Court has issued procedural rules governing Hague Convention proceedings, requiring expedited handling while safeguarding constitutional due process. Courts may not order a return without hearing the allegedly abducting parent or considering evidence, as any such action would violate Chile’s constitutional guarantees of procedural fairness.
A. Return Applications Filed from Outside Chile
When a return application is submitted, the Central Authority processes the request administratively in accordance with the Convention. If voluntary return is not achieved at this stage, the matter is referred to the competent court.
Once judicial proceedings commence, the Central Authority assists the court by providing background information and remains available throughout the case to facilitate implementation of the Convention in a manner consistent with the best interests of the child.
Proceedings begin before the Minors’ Court with jurisdiction over the child’s presumed residence. The court is empowered to locate the child and to take immediate protective measures to prevent further relocation. Courts do not require formal authentication of documents beyond certified Spanish translations and the documents listed under Article 8 of the Convention.
Upon filing, the court must act promptly, typically within twenty-four hours, by scheduling a hearing within five days of service. The child, the petitioner, and the retaining parent are required to be heard. If service cannot be made, representation is appointed to protect due process.
The hearing focuses on whether the child is present in Chile and whether any Convention-based defenses apply. Evidence is ordinarily presented at the hearing, though the court may authorize limited additional investigation. Decisions are rendered within strict timelines, with narrowly defined appeal rights.
If a child’s whereabouts cannot be determined, the Central Authority coordinates with Interpol to assist in locating the child.
B. Return Applications Filed from Chile
Parents seeking the return of a child from another country must submit a completed application to Chile’s Central Authority, including identifying information, the basis for the return request, and details regarding the child’s likely location. Supporting custody orders or agreements may be included.
Although legal representation is not mandatory, professional guidance is strongly recommended due to the legal and procedural complexity of international return cases. Applications directed to non-Spanish-speaking jurisdictions must be submitted in both Spanish and English.
If the application is accepted, the Chilean Central Authority transmits the request to the foreign Central Authority. Proceedings thereafter are governed by the requested country’s domestic procedures, and private legal representation abroad is often required. Applicants may qualify for legal assistance under Chilean law, including coordinated support in the foreign jurisdiction.
Domestic Law on Custody, Visitation, and Travel Restrictions
Chilean law protects the right, and obligation, of the non-custodial parent to maintain direct and regular contact with the child. Visitation schedules may be agreed upon by the parents or established by the court and may only be restricted where clearly required by the child’s best interests.
Failure to comply with custody or visitation orders can result in fines or short-term detention, with enhanced penalties for repeat violations.
Strict rules govern international travel by minors. Depending on custody status, authorization from one or both parents, and in some cases the court, is required. Travel consent must be formalized through notarized or public instruments. Court-ordered travel prohibitions are communicated to border authorities and enforced primarily through air and maritime controls.
Courts and Application of the Convention
When a return request originates outside Chile, jurisdiction lies with the Minors’ Court of the child’s presumed residence. Only final decisions may be appealed to the Court of Appeals and, in limited circumstances, to the Supreme Court.
Chilean courts have issued both return and non-return decisions under the Convention. Some rulings have emphasized the Convention’s objective of restoring the status quo, while others have declined return after concluding that it would expose the child to grave risk or would conflict with the child’s immediate welfare. These cases reflect an ongoing judicial balance between Convention obligations and domestic interpretations of the child’s best interests.
Strategic Considerations in Cross-Border Cases Involving Chile
When Chile is involved, international child-abduction risk and relocation planning must take priority, often requiring immediate, Hague-focused analysis. Chilean family law matters frequently operate across multiple legal layers at once—domestic family courts, administrative safeguards, border-control mechanisms, and international treaty obligations working in parallel.
Chile maintains a national registry for missing and abducted minors, designed to centralize information and support recovery efforts. As a preventive measure, both parents must authorize the issuance of a minor’s passport, and any restriction or seizure of a child’s travel documents requires a court order. While enforcement challenges can arise at land borders, air and maritime exit controls are generally effective, and court-ordered travel restrictions are routinely circulated among immigration authorities, law-enforcement agencies, and Interpol to prevent unlawful removal.
Effective representation therefore depends on early risk assessment, precise jurisdictional analysis, and close coordination with experienced Chilean counsel. Where abduction or wrongful-retention concerns emerge, swift and strategic action is essential to activate preventive mechanisms and preserve Hague Convention remedies.
At Multi-Jurisdictional Divorce, PLLC, we advise clients on coordinating Hague Convention proceedings, international relocation disputes, and Chile-specific enforcement tools—ensuring that child-related protections, jurisdictional positioning, and long-term strategy remain aligned. Cross-border matters demand clarity, enforceability, and decisive advocacy; early, coordinated planning can be outcome-determinative.