Abducted Children from Qatar Come Back Home from Brazil
Our firm was able to handle a case in which we helped to once again secure the return of four children back to their habitual residency, this time Qatar. Two of the children had special needs and cares.
The family had the country of the middle east as their habitual residence and came to Brazil for vacations on March, 2019. Mother refused to come back and our firm was retained to assist. More details are under secrecy of Justice but the kids are now back to Qatar, after their illicit removal.
It was another possibility to help the enforcement of the Hague Convention on the Civil aspects of international child abduction in Brazil.
The Hague Abduction Convention is an international agreement that several countries, as well as Brazil, have joined.
The purposes of the Convention are to shield children from the harmful effects of international abduction by a parent by encouraging the prompt return of removed youngsters to their country of habitual residence, and to prepare or secure the effective rights of access to them while that return is not effective. The concept is that custody and visitation matters ought to typically be determined by the correct court within the country of the child’s habitual residence.
The Convention focuses on the kid, providing a shared civil remedy among partner countries.
Why may i would need the Convention if I have already got a custody order?
Court orders might not be recognized in other countries.
Each country is a sovereign nation. Sovereign nations cannot interfere with other’s legal systems, judiciaries, or law enforcement;
The Convention provides a framework for countries to partner along in specific ways in which to resolve international abduction cases.
Important rules of the Convention include:
A parent doesn’t essentially got to provide or have a custody order to prove that his or her tutelary rights were profaned once the kid was taken from his or her country; the Convention permits proof in line with the laws of the child’s habitual residence, usually by showing proof of parentage or wedding.
Whether a toddler ought to come back to his/her habitual residence, or whether or not access/visitation rights exist, doesn’t rely on the immigration status/or status of a child or his or her family.
Filing a case according to the Convention doesn’t guarantee that your kid will came back. To be successful, through a Hague case, you need to be ready to demonstrate:
-That the minor was routinely resident in one Convention country, and was removed to or maintained in another Convention country;
-The removal or retention of your children is taken into account as wrongful if it had been in violation of your custody rights, and you were exercising those rights at the time of the removal or retention;
– The Convention should be effective between the 2 countries once the wrongful removal or retention occurred and no exception for the return as otherwise previewed in the convention is applicable.
Please contact below for more information on cases related the Hague convention, or its exceptions. Our firm has extensive experience on its application in Brazil
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