When parents separate, one of the most sensitive issues is how to organise the time each parent will spend with the children. Argentine law — arts. 652 to 658 and 700 to 723 of the Civil and Commercial Code, supplemented by Law 26.061 and the Convention on the Rights of the Child — firmly protects the child's right to maintain a real and continuous bond with both parents. This best-interests-of-the-child principle guides all judicial decisions in this area.
We assist families in every situation: when a visitation schedule needs to be established, when it needs to be modified, when the other parent is not complying, and in the most urgent cases — international abduction or unauthorised departure from the country — where every hour counts.
When separated parents cannot agree on when and how the child spends time with each of them, the court steps in and establishes a clear schedule: weekdays, weekends, holidays, special dates. This schedule has legal force and both parents are obliged to comply with it. The objective is not to favour either parent — it is to ensure that the child maintains a real and continuous bond with both. Legal basis: arts. 652 and 655 of the Civil and Commercial Code.
Life changes — and the schedule set two years ago may be outdated. If one parent has moved, the child has grown and has new activities, working hours have changed, or circumstances are no longer the same, either parent can ask the court to review and update the existing schedule. It is sufficient to show that current conditions differ from those that existed when the original order was made.
When contact with one of the parents — or with any other person — poses a real risk to the child's physical or emotional safety, the law allows the court to suspend or restrict that contact. Situations of violence, addiction, abuse, or any conduct that endangers the child's wellbeing are grounds for this measure. Legal basis: arts. 700 and 702 of the Civil and Commercial Code; Law 26.061; Law 26.485.
When a schedule has been set by court order or approved agreement and one parent fails to comply — prevents visits, does not hand over the child, makes systematic excuses — the other parent can go to court to demand compliance. The court may impose fines (astreintes), order enforcement measures, and even review custody if the non-compliance is repeated. Depriving a child of contact with their other parent without justification is conduct that Argentine law penalises. Legal basis: arts. 652, 666 and 804 of the Civil and Commercial Code.
If one parent has taken the child to another country without the other parent's consent — or is retaining the child abroad without authorisation — there is an international mechanism to secure the child's return: the Hague Convention on the Civil Aspects of International Child Abduction of 1980, incorporated by Law 23.857. It allows judicial proceedings to be initiated in the country where the child is located so that they are returned to their habitual residence. Deadlines are strict and speed is critical. In Argentina the Central Authority is the International Legal Assistance Directorate of the Ministry of Foreign Affairs.
If you fear the other parent may take the child abroad without your consent, you can ask the court to prohibit the child's departure from the country. Once this measure is ordered, the Immigration Authority is notified and the child will not be able to cross any Argentine border without judicial authorisation. It is a precautionary measure — it can be requested urgently, even before main proceedings are initiated. Acting in time is critical: once the child leaves the country, recovering them is a far longer and more complex process. Legal basis: art. 667 of the Civil and Commercial Code; Law 26.061.
For a child to leave Argentina, both parents' consent is required. If one parent refuses without valid reason — due to personal conflict, obstruction, or simply unwillingness to cooperate — the other may ask the court for authorisation. The court evaluates the purpose of the trip, its duration, guarantees of return, and the child's best interests, and may authorise both a specific trip and a permanent move abroad. An unjustified refusal by one parent cannot become an obstacle to the child's life. Legal basis: art. 645(d) of the Civil and Commercial Code; Law 26.061.
All decisions regarding visitation rights are governed by the best interests of the child (art. 3 Law 26.061; art. 3 Convention on the Rights of the Child). The court must hear the child according to their age and maturity (right to be heard, art. 26 of the Civil and Commercial Code; art. 12 of the Convention) and weigh all the circumstances of the case. The child's opinion is not binding but carries increasing weight as the child grows older.