Chile Forum

You are definitely going to want to speak to an attorney about your particular situation. For the most part, your family members will not be able to just show up and leave the country with your kids. They are going to need a notarized permission at least to leave the country with them. Without one ready to go, your kids and whomever their guardian is could very well be stuck in Chile for a while dealing with the courts.

PI Guy wrote:My experience of travelling with my Son and Nephew to Chile and back again to the UK was that although I had all the necessary paperwork, we were not asked even once for them.

I have had a friend who had to reschedule her flights because she didn't have the necessary paperwork (she didn't know about it). Maybe you will get through without being asked for it, but you won't get through if they ask you for it and you don't have it. Not worth screwing around with it - get the papers in order.

Would the document need to be legalized as well?

to travel out of chile the document needs to be NOTARISED as opposed to legalised. the notary will have a standard form - you take the relevent passports and carnets (for those travelling and for the parents giving the permission) and they notary will type in the blanks, print out 3 copies, you sign. fingerprint, pay and go.

as for having something set up "just in case", that may need to be legalised (I am not sure), but the reason I think this is that I was told (by the notary) that the document we got for me to travel with my kids without my husband was only valid for a period of 3 months.

Notarization and Legalization are two different things.

Legalization is done with a foreign document to be used in Chile, as Chile is not a party to the Hague convention on signatures (not to be confused with convention on international child abduction). Thus, you can have a foreign notary signature legalized, but not all documents that are legalized are notary signatures (e.g. social security statements and birth certificates for residency). In the case of leaving the country however, just legalizing a foreign document may not be sufficient depending on what it is for. More on the process of notarization and legalization here:
http://www.spencerglobal.com/chile-lega ... ments.html

In the case of both of your deaths (not just say hospital or kids just departing the country with other grandma) things get a whole lot more complicated under Chilean law.

The short version is they will have to go to court to get guardianship certified, regardless of who it is. The good news is that in most cases the emergency hearing are fairly fast, as within a day or two in Chilean family court. Just be aware that things can be a whole lot more complicated, depending on any number of personal circumstances (e.g. foreign will, competing family members claiming custody). Thus, you want to talk to a Chilean attorney about your particular situation.

We recommend to all of our clients to have a Chilean will drafted, not only for dealing with their assets but also dealing with their children's custody if something should happen to them. You can not just scratch it on a napkin, and stick it in your hotel room safe.

More on Chilean wills here:
http://www.spencerglobal.com/chile-inhe ... chile.html

Steph wrote:to travel out of chile the document needs to be NOTARISED as opposed to legalised. the notary will have a standard form - you take the relevent passports and carnets (for those travelling and for the parents giving the permission) and they notary will type in the blanks, print out 3 copies, you sign. fingerprint, pay and go.

as for having something set up "just in case", that may need to be legalised (I am not sure), but the reason I think this is that I was told (by the notary) that the document we got for me to travel with my kids without my husband was only valid for a period of 3 months.

Just got my dox notarized at Eduardo Avello Concha on Orrego Luco 0153. There is no number system..just go in and ask someone to help you. Whole process took about 15-20 minutes on my lunch break. They only requested to see the carnets of all involved. No passports or dates of travel(this does not mean you not take any of these with you...remember, we are in Chile.) were presented. The lady filled out 3 forms which my wife(Chilena), signed & fingerprinted while I paid the 4 mil pesos and we were out the door. There is no parking on that street so its best to go by foot. Not sure what else I have to do with the notarized papers but I´m sure there is more to it than this. I asked the lady what more I needed to do and she gave me the look like her job is done no move along. Anybody else know what more I need to do before I take jr. out of the country with me?

All we have ever had to do is show the notarized paper to the PDI on exit of the country. Of course andar con todos los birth certs tambien.