Argentina’s delay in resolving the international return of children and adolescents and its relationship with the exception of art. 13 Inc. b of the 1980 Hague Convention

Abstract

The present work seeks to analyze the implications of the exception of serious physical or psychological danger established
by the 1980 Hague Convention, in its article 13, paragraph b, when there is unjustified delay in issuing a sentence for the reintegration of the child or adolescent to the requesting country. The topic is approached from an analysis of the best interests of the child or adolescent; the importance of listening to and giving their opinion, which requires an imperative weighting of the competent authority, taking into account the age and degree of maturity. The notion of habitual residence, with its interpretation of the center of life, and the exception of serious risk, all in accordance with systematized
jurisprudence. And the importance of avoiding a double uprooting when the unjustified delay of a definition in a timely manner causes a radical change in its new stability or status quo.