Many parents find themselves in a difficult situation deciding certain aspects of their children’s lives when there are divergences with the other parent, and these circumstances are compounded when it comes to international families.
There is always a way to regulate these issues judicially and it is not different in cases of international trips or issuance of documents that depend on the authorization of both parents.
Thus, when the mother or father refuses to grant permission for a trip, change residency for another country or even simply issue a document, such as a passport – a right guaranteed to everyone, a question arises about what can be done.
The answer is simple: there is a lawsuit that may give rise to the provision of authorization by the parent who is denying it, so his/her consent can be replaced by a judicial decision.
There is the possibility of requesting the provision in a preliminary injunction, that is, before the opposing party is notified about the request. If the authorization is granted that way, the lawsuit will continue to confirm or revoke the preliminary decision, with the defense of the other parent and the production of evidence, if applicable, culminating in the sentence. Not always, though, the preliminary provision or ruyling is granted, and the judge may want to hear all the parties first.
The Judge will mainly observe whether there is any ulterior motive behind the request, such as a potential abduction or purposeful estrangement from one of the parents.
It is important to emphasize that these problems are more recurrent among international families, considering the distance, the difficulty of communication and visits, the high rate of parental alienation cases, in addition to cases of child abduction.
Therefore, with the possibility of proposing this lawsuit before the Brazilian judiciary system, the rights of children and parents remain assured.