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In re the Minor Alexis Angelino Carracedo Alvarado

Case No. 1620-01 (2001)

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In re the Minor Alexis Angelino Carracedo Alvarado

Chile Supreme Court
Case No. 1620-01 (2001)

WW

Facts

Margarita Alvarado Sazo (plaintiff), mother of 11-year-old Alexis Angelino Carracedo Alvarado, sued Alexis’s father, Pedro Joaquin Carracedo Rosende, for custody of Alexis. Alexis had been in Carracedo Rosende’s exclusive care from a young age; however, the lower court awarded custody to Alvarado Sazo based on Chile’s Civil Code, which presumed that the mother shall have custody of the children following separation. The court of appeals affirmed. Carracedo Rosende appealed to the Chile Supreme Court on the grounds that the lower courts’ decisions constituted serious errors and abuses of discretion, amounting to violations of the International Convention on the Rights of the Child. Carracedo Rosende argued that the lower courts ignored evidence of Alvarado Sazo’s mental-health issues and history of domestic abuse and, ultimately, what was in the best interests of his child, including the child’s preference.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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