The 6th Family and Civil Registry Court of the Capital of Recife/PE issued a decision on August 2, 2023, regarding the request for urgent provisional protection, in a case of Visitation Regulations that have been in progress since 2016.

The minor was born in Brazil in 2010 and lived in Australia just over 2 years, between February 2012 and March 2014, when she returned to Brazil with her mother.

At the time, the relocation to Brazil was made with the guarantee that there would be a return on the following year, which did not happen.

Currently, the minor is 12 years old and has not visited her parent’s country of origin for 9 years, nor has she had face-to-face contact with her paternal extended family throughout this period.

At the beginning of the course of this lawsuit, the former couple’s divorce was decreed, as well as the mother was granted sole custody.

Prior to this decision, paternal visitations occurred only in Brazil, without any regulation, with territorial limitations imposed by the minor’s mother, although there was no indication that this measure was necessary and without any decision to that effect.

In fact, several psychological studies were carried out in the meantime, which always attested to the good relationship maintained between father and daughter, in addition to the benefits of the teenager’s inclusion in the paternal family life.

However, the parties never reached a consensus on this issue, resulting in an extensive processing of the dispute.

In this sense, Botinha e Cabral made a request for provisional regulation of the parent’s visitation rights, so that the minor could visit Australia during the end-of-year school break.

The judge who recently took over the Court, when delivering the decision, partially granted the request made, guaranteeing the minor’s trip to her parent’s country, and coexisting on Brazilian soil without any restrictions, in addition to determining custody in the shared modality between both parents.

In the decision, the judge highlighted the importance of the minor’s integration with the entire paternal family and with the culture of that country, which will be an enriching experience for her in several ways.

Furthermore, it was emphasized that deliberations must always serve the best interests of the child, as recommended by the Brazilian Federal Constitution, regardless of differences between the parents.

Psychological convenience, emotional well-being and parental commitment must prevail, aiming to offer the best conditions to the minor, explained the judge.

Botinha e Cabral Office Team spared no effort to succeed in this demand, thus ensuring full coexistence between father, daughter and paternal family.

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