International Abduction of children and Hague Convention in Brazil

The international abduction or the international illegal removal of children occurs when one of the genitors subtract  a child from his or her habitual residence, damaging the other genitor’s rights in the determination  of the child’s residence.

The legal discipline is written under the Hague Convention. This Convention deals with the civil effects of Children International Abduction, in force in Brazil and established herein by the Decree 3413/00. The Convention is one of the most well-succeeded Civil Law Treaties, with uncountable signatory countries, including Brazil.

According to this Convention, the right of custody includes the right to decide about the child’s habitual residence. That’s why even some genitors who do not detain the custody de facto or the judicial custody may be protected under the Convention, if  they are entitled to  agree or disagree with a international changing of domicile, as prescribed by the Family Law of each country. When this agreement does not occur and the other genitor takes a child  to other country,  we are dealing with an illegal removal, as determined by the Convention.

The provided legal solution is the child’s return. The Judicial System of the habitual residence is the one which has to decide about the child’s changing of domicile. Nonetheless, in some situations this return may be denied, also according to the Convention. These exceptions concerning the children’s return are the following:

Situations, where the child’s return may be denied:

• The return request takes longer than one year to be done and there is an adaptation of the child.
• When there are situations that might cause serious risk for the child.
• The child’s refusal when he or she has the sufficient age to be listened.
• When the abandoned parent detains no power to opine in the definition of the child’s residence. All this according to the legal system of the habitual residence.
• When the return implies in Human Rights grievances.

However, the interpretation of these exceptions varies hugely, in such a manner that representation of a specialized lawyer’s becomes essential in these delicate cases.

The visitation rights of the “left-behind father” is also a very important incidental matter. There are some specific strategies, originated from previous experiences, that may help in such a sensitive case for the involved parties, and the International Law Offices of Botinha & Cabral detains large experience in this type of demand in order to help in this complicated moment.

The International Law Office Botinha & Cabral acts concurrently with the client’s foreign council, what in some cases might be necessary, and with the Human Rights Secretary in Brazil or similar entities abroad that take charge of the application of Hague Convention on Civil Aspects of International Child Abduction. The firm also acts in mediation practices, always looking for solving, in the most satisfactory way, this delicate problem experienced by international families.

See more here: Hague Convention Blog

For more information of any subject related to Hague Convention about the Civil Effects of Child’s International Abduction and in order to detail your specific case, consult us directly and in complete secrecy, using the “Consulta Express” button at the end of the page.

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