Chile: Whether a court order regarding visitation rights can be appealed
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 July 1999|
|Citation / Document Symbol||CHL32131.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, Chile: Whether a court order regarding visitation rights can be appealed, 1 July 1999, CHL32131.E, available at: http://www.refworld.org/docid/3ae6abc71e.html [accessed 13 October 2015]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
In a 13 July 1999 telephone interview with the Research Directorate, the lawyer in charge of the Legal Reform Program at the National Women's Service of Chile (Servicio Nacional de la Mujer, SERNAM) in Santiago stated that like most other countries in the world, Chile's judicial system allows for court orders regarding visitation rights to be appealed. She added that the judicial body in charge of ruling on visitation rights is the Children's Court (Juzgado de Menor) and that appeals can be made at a court of appeal (corte de apelación). On the issue of appeals, the lawyer stated that very few cases of visitation rights make it to a court of appeal because most cases involve individuals represented by a legal aid lawyer or by no lawyer at all.
The Director of the School of Government, Public Administration and Political Science at the University of Chile in Santiago stated in correspondence on 9 July 1999 that "it is my belief that appeals of visitation, although appealable, have a hard time getting through, which renders them virtually, although not legally, unappealable."
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Director, School of Government, Public Administration and Political Science, University of Chile, Santiago. 9 July 1999. Correspondence.
Lawyer, Programa de Reformas Legales, SERNAM, Santiago. 13 July 1999. Telephone interview.
Additional Sources Consulted
Latinamerica Press [Lima]. 1998-1999.
Latin America Regional Reports: Southern Cone Group Report [London]. 1998-1999.
NACLA Report on the Americas [New York]. 1998-1999.
One source consulted did not provide information on the requested topic.
Electronic Sources: IRB Databases, REFWORLD, LEXIS/NEXIS, Internet and WNC.