Family law in Colombia is guided by the principles of equality between parents, the protection of children’s best interests, and respect for national jurisdiction in custody and visitation disputes. While the Colombian legal system recognizes the importance of parental cooperation, it also places strict procedural safeguards on the international travel of minors, particularly when custody or residence is shared between parents living in different countries.
This article explores the framework of Colombian family law — particularly in cases involving temporary custody arrangements that allow a child to travel abroad — and examines what happens if a parent later withdraws consent after having initially authorized the child’s departure.
Family Courts and Jurisdiction
Family court judges in Colombia handle matters involving divorce, child custody, and visitation. Under recent legislation, they also have jurisdiction over cases related to the HAGUE Convention on the Civil Aspects of International Child Abduction. In regions without family courts, these matters are heard by civil circuit judges.
Although Colombian courts can recognize or enforce foreign (including U.S.) custody orders, in practice, they rarely do. Colombian law takes precedence over foreign judgments, and a Colombian court order granting custody to one parent will override any foreign order. This reflects a broader principle: Colombian jurisdiction governs all children domiciled in Colombia, regardless of the nationality of the parents.
Custody and Visitation under Colombian Law
Under Colombian law, both married parents share equal custody rights over their minor children. Fathers who acknowledge paternity, including those of children born out of wedlock, hold equal parental authority with the mother.
Custody disputes typically begin before a family protection officer at the Instituto Colombiano de Bienestar Familiar (ICBF) and, if unresolved, proceed to the family courts. However, the process can be lengthy, and cases involving one U.S., based parent often face significant procedural delays. The U.S. Embassy in Bogotá notes that Colombian courts tend to favor parents of Colombian nationality and that it is uncommon for custody to be awarded to a parent residing permanently abroad.
International Travel and Parental Authorization
Colombian law requires the consent of both parents for a minor to leave the country. Article 110 of the Code on Childhood and Adolescence stipulates that when one parent is not accompanying the child, that parent must provide written and notarized authorization. This authorization must clearly specify:
- The child’s full name and identification details
- The destination country
- The purpose of the trip
- The dates of departure and return
The consent must be authenticated before a Colombian notary or consular official, and it functions as a legal safeguard to prevent international parental abduction.
However, unlike the United States, Colombian passports for minors can be issued with the consent of only one parent. To prevent unauthorized issuance, a parent must request a travel hold through ICBF, which can notify the passport authority to block issuance.
Temporary Custody Agreements for Travel Abroad
It is not uncommon for one parent to grant temporary custody or travel authorization allowing the other parent to take the child abroad for specific reasons — for example, medical treatment, education, or family visits. When properly notarized, such an agreement provides the legal basis for the child’s temporary departure from Colombia.
These agreements should clearly define the duration and purpose of the stay and confirm that the arrangement is temporary, with the expectation that the child will return to Colombia at the conclusion of the agreed period.
Example Scenario
Imagine a case in which a Colombian mother signs a notarized consent allowing the father, who resides in the United States, to take their child abroad for medical treatment. The consent specifies that the stay will last six months, after which the child is to return to Colombia. The arrangement is legal and valid under Colombian law as long as it remains within the scope of the consent given.
Withdrawal of Consent: Legal and Practical Implications
Problems arise when one parent — typically the parent remaining in Colombia — withdraws consent after the child has already left the country. Colombian law allows parents to modify or revoke authorizations they have given, but once a child has departed legally under an existing consent, the withdrawal does not automatically nullify the arrangement retroactively.
If the child remains abroad beyond the period or conditions established in the consent, however, the situation may become a “wrongful retention” under the HAGUE Convention on International Child Abduction. In such cases, the parent in Colombia can petition for the child’s return through the HAGUE process, claiming that the child’s habitual residence remains Colombia and that the stay abroad has exceeded what was agreed.
In practice, Colombian courts — and Colombian administrative authorities such as ICBF — tend to favor maintaining the child’s habitual residence in Colombia. Thus, if the parent abroad does not have a Colombian court order authorizing temporary custody or extended residence, their position may be vulnerable if the consent is later revoked.
How Colombian Courts Handle Revoked Consent
If a parent withdraws consent, they may file a custody or protection action before a Colombian family court. The court will assess the circumstances under the principle of the best interests of the child (interés superior del menor). The court may:
- Order the child’s return to Colombia, particularly if the agreed travel period has expired;
- Modify the custody arrangement; or
- Grant continued temporary custody to the parent abroad if the child’s medical needs or welfare justify the stay.
However, Colombian judges are typically cautious in allowing long,term or indefinite stays abroad. Even when medical necessity is proven, courts often require ongoing review or a defined return date.
If the parent abroad fails to comply with the return conditions, the matter can escalate into an international abduction case under the HAGUE Convention, and Colombian authorities may seek the child’s repatriation.
Recognition of Foreign Custody Orders
A U.S. custody order or court judgment granting temporary guardianship for medical reasons is not automatically recognized in Colombia. For such an order to have effect, it must go through a process of “exequatur” (recognition and enforcement of foreign judgments) before the Colombian Supreme Court. Even then, Colombian courts will only recognize the order if it does not conflict with Colombian law or public policy.
In practice, this means that a U.S. custody order will not prevent a Colombian court from asserting its own jurisdiction over the child’s welfare and issuing a different order.
Practical Recommendations
For parents navigating a situation like this, several precautions are advisable:
- Obtain Clear, Specific Consent:
The authorization should state the destination, purpose (medical treatment, study, etc.), duration, and return date. Vague or open-ended permissions create legal uncertainty. - Document the Reason for Travel:
Include medical or educational documents supporting the need for the temporary stay abroad. - Seek Judicial Approval in Colombia:
If possible, formalize the arrangement before a Colombian family judge. A judicial order authorizing the child’s travel for a specific purpose provides far stronger protection than a private notarized consent alone. - Maintain Communication Between Parents:
Continuous contact and updates on the child’s well-being can prevent misunderstandings and demonstrate good faith in case of future disputes. - Avoid Extending the Stay Without New Consent:
Keeping the child beyond the agreed date may expose the parent abroad to accusations of wrongful retention. - Anticipate Potential HAGUE Proceedings:
If the other parent withdraws consent and demands return, the matter may shift to a Hague-Convention case. The parent abroad must then show that the child’s stay was agreed upon and that it serves the child’s best interests.
Conclusion
Colombian family law provides a clear structure for the protection of minors and the regulation of custody, but it gives priority to domestic jurisdiction and to the parent residing in Colombia. While a notarized parental consent can allow a child’s temporary departure for legitimate reasons — such as medical treatment — it does not confer lasting custody rights.
If one parent later withdraws consent, the arrangement may be reviewed or invalidated by Colombian courts, and the child may be ordered to return to Colombia. The safest course for parents in these circumstances is to combine a well, drafted, notarized consent with judicial authorization in Colombia and to strictly adhere to the agreed terms.
Ultimately, in Colombian law, the child’s welfare and best interests remain the guiding principle, and courts will evaluate every international custody or travel case through that lens.
Facing an International Child Abduction Case Involving Colombia or Another Country?
If you are dealing with an international child abduction case involving Colombia or another cross-border jurisdiction, the stakes are at their highest. These cases demand swift action and a deep understanding of both international and U.S. custody laws.
Elena Giannattasio, a leading International Family Lawyer in New York, has extensive experience navigating the complexities of HAGUE Convention and non-HAGUE Convention child abduction matters. She provides strategic, compassionate, and decisive representation to protect your child’s well-being and your parental rights.
At Multi-Jurisdictional Divorce, Elena Giannattasio handles intricate international child custody and cross-border abduction cases with a focus on achieving efficient, enforceable outcomes. As a trusted Child Abduction Lawyer in New York, she regularly assists parents in cases involving HAGUE Convention petitions, UCCJEA jurisdictional issues, and the enforcement of foreign custody determinations.
Whether your case involves Colombia, Europe, or another country, Elena’s experience as an International Child Custody Lawyer in New York ensures that every legal option is explored.
Your child’s safety and your parental rights are too important to leave to chance. Contact Elena Giannattasio, an experienced International Family Lawyer in New York, at +1 213-314-4244 or email Elena@multi-jurisdictionaldivorce.com to discuss your case and learn how she can help you navigate the complex landscape of international custody law.
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