International Parental Child Abduction EL Salvador
|
|
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 to practice in the relevant
jurisdiction.
November 2012
El Salvador 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 June 1, 2007.
For information concerning travel to El Salvador, 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 El Salvador at: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1109.html.
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 El Salvador. 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:
United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues
2201 C Street, N.W.
Washington, DC 20520
Telephone: 1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Fax: 202-736-9132
Website: http://travel.state.gov/abduction/abduction_580.html
The El Salvadoran Central Authority for the Hague Abduction Convention is the Procuraduría General de la Republica (PGR). PGR is responsible for carrying out El Salvador’s obligations under the Convention and processing Hague Abduction Convention applications.
They can be reached at:
Procuraduría General de la Republica
Novena Calle Poniente, Torre PGR Centro de Gobierno, San Salvador
Telephone (switchboard): +(503) 2231-9346
Website: http://www.pgr.gob.sv/
To initiate a Hague case for return of, or access to, a child in El Salvador, the left-behind parent must submit a Hague application to the El Salvadoran Central Authority (ECA), either directly to the ECA, or 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 PGR, 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 El Salvador central authorities. After the case is filed and accepted with the ECA, the ECA assigns an attorney to represent the Hague Convention application during the Hague judicial process in El Salvador, at no cost. It is important to note that the attorney does not represent either parent’s interests; rather, the attorney represents the Hague Convention application. However, the parent(s) may be responsible for additional costs, including but not limited to airplane tickets for court appearances and for the return of the child, if so ordered.
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, El Salvador. 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.
A person may file an application under the Hague Abduction Convention for access to a child living in El Salvador. 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 a private attorney is not required in order to submit Hague Convention applications to a court in El Salvador. The ECA assigns an attorney to represent the Hague Abduction Convention application; the attorney also provides information to the court. While not required, a parent may choose to hire a private attorney to represent his/her interests in the case. If a parent retains a private attorney, the attorney should contact the ECA as soon as possible after the filing of the Hague Abduction Convention application.
The U.S. Embassy in San Salvador, El Salvador posts list of attorneys including those who specialize in family law at:
http://sansalvador.usembassy.gov/region-specific/lawyers.html
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 included in this list. Professional credentials and areas of expertise are provided directly
by the lawyers.
The ECA offers mediation at no cost to either party in Hague abduction cases before they enter the judicial stage. At the beginning of the judicial stage, the family judge may also seek to mediate a pre-trial solution. Additionally, interested parties may contact the Attorney General’s office or municipal authorities in El Salvador to seek their assistance in mediating a pre-trial solution. These various types of pre-trial mediation have resulted in resolutions to cases, including several returns of children to the United States since 2009
The U.S. Embassy in El Salvador can be contacted at:
U.S. Embassy San Salvador
Boulevard Santa Elena, Antiguo Cuscatlan
San Salvador, El Salvador
Telephone: + (503) 2501-2999
Website: http://sansalvador.usembassy.gov/
The Embassy of El Salvador is located in Washington, D.C. at:
Embassy of El Salvador
1400 16th St NW # 100
Washington D.C., DC 20036-2232
Telephone: (202) 265-9671
Website: http://www.elsalvador.org/
Other Government Websites |
