ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN
effect until the child turns 18 or until there is a change in circumstances. In Argentina, child maintenance orders generally last until the child reaches the age of 21 (unless the adult child has sufficient resources to provide for them ‑ selves). However, there are exceptions and, in some cases, the maintenance obligation can extend beyond this age limit until the child reaches the age of 25 (for children attending university or vocational school and if they cannot support themselves). Moreover, beyond the age of 21, if the child is incapacitated or unable to work due to a physical or mental condition, the parent may still be required to provide maintenance, regard ‑ less of the child’s age (on a case-by-case basis). The minimum age for a child to be able to apply for maintenance directly in Argentina is 18 years old, as this is the age of legal majority and the capacity to make independent legal decisions. Medical treatments It is important to highlight that under the CCC, there is a presumption that children between the ages of 13 and 16 can make decisions regarding non-invasive medical treatments that do not compromise their health or pose a serious risk to their lives or physical integrity. For invasive treatments that do compromise their health, or when their integrity or life is at risk, the ado ‑ lescent must give their consent with the assistance of their parents. In the event of a conflict between the parents, the matter is resolved by prioritising the adolescent’s best interests based on medical opin ‑ ions regarding the consequences of carrying out or not carrying out the medical procedure. 3.3 Other Matters Courts in Argentina have the authority to issue orders regarding the upbringing of a child when parents have not reached an agreement regarding schooling, medi ‑ cal care, religion and holidays. In Argentina, courts consider allegations of parental alienation to be a restrictive matter that considers the best interests of the child (as a public order rule). The factors to be considered are:
• the child’s behaviour and relationship patterns – changes in the child’s behaviour towards the alienated parent (such as sudden hostility, fear, or rejection) that cannot be reasonably explained; and • parental conduct – evidence is examined to deter ‑ mine whether one parent has engaged in alienating behaviours, such as: (a) making disparaging remarks about the other parent; (b) limiting contact or access without valid rea ‑ sons; and (c) manipulating the child to develop negative feel ‑ ings towards the other parent. In respect of parental alienation, the court may also: • order evaluations by mental health professionals to identify signs of alienation and its impact on the child; and • consider whether the alienation has negatively affected the child’s emotional health, self-esteem, or ability to form stable relationships. When parental alienation is established, the court can take measures such as adjusting custody or visitation arrangements, mandating therapy, or imposing penal ‑ ties on the alienating parent to safeguard the child’s welfare. Once again, the principle of protecting the child’s well- being applies to children giving evidence in court. The CCC grants children the right to be heard in legal pro ‑ ceedings affecting them – taking into account their age, maturity and level of understanding. Ultimately, the court uses the child’s testimony as one of several factors to determine the course of action that best aligns with the child’s rights and welfare. 3.4 ADR in Child Law Matters Mediation is a well-established mechanism that helps parties resolve all family disputes (including child sup ‑ port, spousal maintenance and marital asset division). It is a widely used ADR method in Argentina. Media ‑ tion involves a neutral third party (the mediator) who facilitates communication and negotiation between the parties to reach a mutually agreeable solution. The rule of confidentiality allows parties to negotiate
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