ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN
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 determine 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 reasons; and (c) manipulating the child to develop nega - tive feelings towards the other parent. In respect of parental alientation, the court may also: • order evaluations by mental health profes - sionals to identify signs of alienation and its impact on the child; and • consider whether the alienation has nega - tively affected the child’s emotional health, self-esteem, or ability to form stable relation- ships. When parental alienation is established, the court can take measures such as adjusting custody or visitation arrangements, mandating therapy, or imposing penalties 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 proceedings affecting them – tak - ing 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 Mediation is a well-established mechanism that helps parties resolve all family disputes (including child support, spousal maintenance, and marital asset division). It is a widely used ADR method in Argentina. Mediation 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 nego - tiate freely without fear that their discussions will be used against them in court. The law also allows private agreements to be settled by the parties with the participation of legal advice as a requirement. In many provinces in Argentina, both mediation and private agreements are mandated by law as a prerequisite to filing certain types of court cases, including financial disputes. 3.5 Media Access and Transparency In Argentina, reporting cases involving children is highly restricted to protect their privacy and safeguard their best interests. The applicable regulations are: • The Convention on the Rights of the Child, incorporated into Argentina’s Constitution, guarantees children’s rights to privacy. • The Civil and Commercial Code and Law 26,061 on the Comprehensive Protection of the Rights of Children and Adolescents explicitly prohibit the publication of any infor - mation that may directly or indirectly identify a child involved in judicial proceedings.
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