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Re: Divorce in Chile

Postby admin » Mon Oct 18, 2010 3:23 pm

Chile is a party to the Hague convention on Child abduction. You are going to need a notarized (read Chilean legalized) permission from the other spouse to travel and reside in Chile with the children, in spite of the court recognized custody agreement.

It is a long story that I don't have time to really get in to at the moment. I have likly covered it in some other thread if you search around.
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Re: Divorce in Chile

Postby patagoniax » Mon Oct 18, 2010 4:10 pm

There is a Chilean government website with some guidance

English language (well, sort of Engrish) http://chileabroad.gov.cl/en/tramites/p ... ra-viajar/

Things like the "family book" (libreta de famila) don't exist in the civilised countries but the Engrish language version attempts to copy the Spanish language pages....
Original Spanish language
http://www.chileclic.gob.cl/1542/w3-article-47040.html
http://chileabroad.gov.cl/tramites/para ... ra-viajar/

-The following is an excerpt.
Naturally you need to always refer to the original laws and not rely on the cutting and pasting of some know-nothing ratbag forum participant

How are the authorizations granted?

The authorizations, all of which must be original, are granted as follows:

* By public or private deed. The aforementioned instruments may be granted before a local Notary Public, endorsed by the authority established by the local legislation, legalized by the corresponding Consulate of Chile and subsequently by this State Secretariat.
* By public or private deed granted by the Consulate of Chile and subsequently legalized at this State Secretariat.
* In any case, the authorization must be submitted in Spanish or duly translated.

It is not required an authorization if the minor leaves the country accompanied by the individual or individuals who must render it.

In the case that the minor is in Chile and the authorization could not be granted or in the absence of reasons to deny the authorization by one of the individuals that must authorize the leaving of the minor out of the country, this may be granted by the Family Court corresponding to the address the minor has in Chile, who can authorize the minor, considering the benefits this will bring to the minor, pointing out the sentence that follows the request and the period of time for which the authorization is granted.
DOCUMENTATION MINORS MUST SUBMIT ENTERING CHILE

1. If the minor enters our country in the company of both parents:

* Valid passport or Identity card.
* Birth certificate or Family book, enclosing three simple photocopies.

2 If the minor enters to our country in the company of only one parent:

* Valid Passport or Identity Card.
* Birth Certificate or family book.
* Death Certificate, in the case of death of one of the parents, enclosing three simple
* photocopies.
* Notary authorization of the father not traveling, providing its consent for the departure of the minor, or the authorization of the relevant Family Court, the original and three simple photocopies in any of both cases.


----------------------------------

Legalisation of related travel permission for minors is big business for the Chilean consulates in Canada and the US. One of the most common transactions there, or so it seems. Suggest getting several legalised (chilean-consulate-notarised-stamped) copies before you travel.

As far as being a single mother in Chile -- you will be among many others. Maybe half the households in Chile comprise other than original place settings. Chilean social policy sponsors single motherhood more than any other kind and this has the effect of encouraging the practice in Chile. Rarely any stigma, except perhaps among a few of the very traditional and snooty. On the other hand, there is still an enormous set of challenges (and heartaches/headaches) associated with living in Chile even once the entry formalities are taken care of.
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sin prisa ni motivo para volver
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Re: Divorce in Chile

Postby admin » Mon Oct 18, 2010 4:20 pm

yea, as far as social stigma, that went out generations ago. Chile has had many single parent families for a long long time thanks to the Catholic church's attempt at politically outlawing divorce for so many generations. No one even thinks twice about the idea that someone might only have one official parent, because the parents could never marry because they could not divorce someone else.
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For more information visit: http://www.spencerglobal.com

From USA and outside Chile dial 1-917-470-9653, in Chile dial (56) 65 42 1024 or a cell 747 97974.
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Re: Divorce in Chile

Postby patagoniax » Mon Oct 18, 2010 4:36 pm

Speaking of stigma - there is a book relating to some of the social issues a prospective immigrant to Chile may wish to consider reading.

My Invented Country, by Isabel Allende. If by Amazon here and then you can read the reviews and insights of others =
http://www.amazon.com/My-Invented-Count ... 0060545674

Warning 1: I personally don't care for Ms Allende, but that should not colour your own assessment of this book. I liked parts of it and disagreed with others. In fact a couple of lines from the original Spanish text are under magnets on María Luisa's refrigerator.

Warning 2: Parts of the book (esp concerning divorce) are a bit outdated since the laws and regulations in this area are in flux in Chile. Allende is trying to remember the Chile that she knew years ago, so there is a great deal of mis-remembered nostalgia and perhaps.... perhaps some insights into social aspects you as newish immigrant to Chile may encounter.

Opinions of others concerning that book might be useful at this point.

ADMIN: Might it please the forum to create a separate category for books related to Chile? I have several dozen I would be willing to review, if you are not sick and tired of my acrimonious rants already.
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Re: Divorce in Chile

Postby Lily-Anne » Mon Oct 18, 2010 6:33 pm

Thank you so much for all the great responses.

Regarding the legality of moving minor children out of the country - I have NO intentions of doing it illegally. However, based on past experiences, I do not expect to encounter any opposition from my ex.

I appreciate the heads up on being able to contact the Chilean embassy here in the US. I will do that.

Part of my divorce decree which he signed and which was signed by a judge, is that I can take the children out of the US without his permission. Now, at this point, that is simply for travel and visits. Would that be sufficient proof when attempting to visit Chile, along with the kids passports? Or do I need something in addition to that, "legalized" at the Chilean consulate?

Thanks so much, everyone. I appreciate your sharing your knowledge with me! :)
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Re: Divorce in Chile

Postby nwdiver » Mon Oct 18, 2010 8:08 pm

You need a notarized agreement signed by the father, as noted above your divorce documents may be signed by a judge but that legal matter won’t get you far and if the embassy says it will, the translation and notarization will be very costly (a dollar a word is not uncommon). Get a new document simply stating you can live with the children in Chile have it notarized properly and that is all you need. Talk to a lawyer that deals in these matters.
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Re: Divorce in Chile

Postby Lily-Anne » Wed Oct 20, 2010 4:27 am

Thanks so much, NW diver. That is very helpful. Appreciate everyone sharing their knowledge. Thanks a lot, all!
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