International Child Abduction
Specialized legal counsel for applying the 1980 Hague Convention and protecting the rights of children and families.
International clients are welcome. We represent clients in Hague Convention proceedings and international family law matters involving Brazil. Communication available in English, Portuguese, Italian and Spanish.
What is International Child Abduction
International child abduction occurs when a child is removed from their habitual country of residence without the authorization of one of the parents or legal guardians, or when they are wrongfully retained in another country after an authorized trip.
It is important to clarify that, legally, the term "abduction" does not carry criminal connotations in this context. It refers to a violation of custody rights, usually committed by one of the child’s parents in a troubled family context.
The 1980 Hague Convention on the Civil Aspects of International Child Abduction, to which Brazil has been a signatory since 2000, establishes international cooperation mechanisms for the prompt return of children wrongfully removed or retained outside their habitual country of residence.
If you suspect your child has been or may be taken to another country without your authorization, seek specialized legal assistance immediately. Prompt action is crucial in these cases.
Legal Definition
It is the illicit removal or wrongful retention of a child in violation of custody rights, usually by one of the parents.
Hague Convention
International treaty signed by 104 countries for cooperation in international abduction cases.
Fundamental Principle
Immediate return of the child to the habitual country of residence, unless exceptions apply.
Brazil and the Convention
Brazil has been a signatory since 2000 via Decree 3.413/2000, and the Central Authority is the DRCI.
Alarming Statistics
The figures related to international child abduction reveal the scale of the problem and the need for specialized legal protection.
Estimated number of countries where international child abduction routinely occurs.
Increase in child abduction cases worldwide over the past 10 years.
Proportion of cases in which the mother is responsible for abducting and retaining the child abroad.
Most common period for international child abduction, especially during family travel.
How the Process Works
Understand the flow of an international child abduction process based on the 1980 Hague Convention.
1. Initial Request
The process begins when the left-behind parent contacts the Central Authority of their country to request the child’s return. In Brazil, the Central Authority is the Department for Asset Recovery and International Legal Cooperation (DRCI) of the Ministry of Justice.
2. International Cooperation
The Central Authority of the left-behind parent’s country contacts the Central Authority of the country where the child is located, sending the necessary documentation for the case.
3. Judicial Proceedings
In Brazil, after a preliminary analysis, the Central Authority refers the case to the Office of the Attorney General (AGU), which files a return action in Federal Court. A judicial process then begins to determine whether the child should be returned to their habitual country of residence.
4. Judicial Decision
The judge examines whether an illicit removal truly occurred, whether the Hague Convention applies, and if any exceptions justify not returning the child. The decision must be made as quickly as possible.
5. Decision Enforcement
If return is ordered, a schedule for the child’s handover is established, preferably with psychological support. The decision applies only to the child’s physical return and does not decide custody or visitation, which will be determined later in the country of origin.
Notable Cases
Learn about some real international child abduction cases that gained significant attention and their legal outcomes.
Brazil-USA Case (2009)
Sean Goldman was taken to Brazil by his Brazilian mother at age 4. After his mother’s death, the American father fought for five years to regain custody. The case gained international notoriety and culminated in the child’s return to the USA in 2009.
Brazil-Italy Case (2018)
An 8-year-old boy was brought to Brazil by his Brazilian mother without the Italian father’s authorization. After judicial proceedings based on the Hague Convention, the Federal Court ordered the child’s return to Italy, recognizing that his habitual residence was there.
Brazil-Portugal Case (2020)
Two children were taken to Brazil by their mother without the consent of the Portuguese father. After detailed analysis, the Brazilian judiciary determined that the children had already adapted to life in Brazil and that returning posed a risk of psychological harm.
Frequently Asked Questions
Answers to the most common questions about the 1980 Hague Convention and international child abduction cases involving Brazil.
Need Legal Assistance in International Child Abduction Cases?
If you are facing an international child abduction case or fear it may happen, rely on our expertise. We specialize in applying the Hague Convention and have experience with complex cases across different jurisdictions.
- Specialized legal guidance on your rights
- Representation before Central Authorities and international bodies
- Representation in national and international judicial proceedings
- Preventive counsel to avoid international abduction cases
Preliminary Case Assessment
The information provided below will assist in the preliminary understanding of the situation presented and in assessing the potential applicability of the 1980 Hague Convention.
Confidentiality Notice
The information provided through this form will be treated as strictly confidential and used exclusively for the preliminary assessment of the situation presented. Submission of this form does not create an attorney-client relationship, does not constitute the engagement of legal services, and does not imply acceptance of legal representation. Any professional engagement will be subject to a specific assessment of the case and the execution of the appropriate legal documents.