Brazilian jurisdiction can be considered competent to approve agreement regarding the transfer of child custody residing abroad

According to a decision issued in August 2017, the Superior Court of Justice (STJ) considered that the Brazilian Court is competent to approve an out-of-court settlement regarding the transfer of child custody residing with the grandmother in the United States. The judges panel unanimously concluded that, although the general rule of jurisdiction established by art. 147, inc. I, of the Statute of the Child and Adolescent (ECA) is that the jurisdiction competent to adjudicate disputes over custody is the domicile of those who have custody of the child, Brazil can be considered competent to approve this agreement even though the child is already residing abroad with the grandmother. The argument attributed to this legitimacy would be its consensuality, since there is no conflict between the parties. #internationalcustodybrazil

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