Chile Child Custody Laws
- Category: Family Law
For parents or guardians, a child must have notarized authorization from both parents to enter or leave the country. Even when both parents are entering or leaving the country with the child, you should have a legalized copy of the child's birth certificate proving the parental link.
If only one parent is traveling with the child, the other parent must provide legal authorization for the Child to leave the country. This authorization should be current, drafted by an attorney that specializes in international Child custody matters and Chile, and must be notarized at a Chilean notary or consulate.
It should also be noted for parents that are divorced, and have some form of custody agreement, that full custody of a child granted to one parent may not be sufficient. The other parent may still have the right to deny permission to travel in to or out of Chile.
Chile's child custody laws recognize that there is a right of a child to have relationship with the other parent, and for the other parent to not be denied that relationship, even if they do not have custody. Thus, Chile custody laws are drafted to prevent one parent from taking a child to another jurisdiction where the parent has no legal recourse to challenge custody or exercise the right of the child to have a relationship with the none-custodial parent.
What is meant by “custody” from country to country can vary widely. The family law attorneys at Spencer Global have worked extensively in regards to such international custody cases. For example, we have participated in cases in U.S. Federal court, on appeal to the U.S Supreme Court, involving conflicts of law between Chile's interpretation of “custody” and the United States interpretation of “custody” under the Hague convention. This matter in regards to U.S. Law and Chilean law is now mostly settled; however, other jurisdictions may have similar issues in regards to the meaning of “custody”. Any foreign custody agreement should be reviewed prior to traveling to Chile with minor Children.