Has your child been taken to or kept in another country without your
consent? Acting quickly makes all the difference.
When one parent takes a child to another country, or fails to bring the
child back, without the other parent's consent, international law provides
specific tools to secure the child's return to the country where they lived.
Our team acts with urgency, expertise and sensitivity to protect the child and
their bond with both parents.
What the Conventions Provide
Brazil is a party to two treaties on this matter:
- The 1980 Hague Convention on the Civil Aspects of
International Child Abduction, enacted by Decree No. 3,413/2000;
- The Inter-American Convention on the International Return of
Children (Montevideo, 1989), enacted by Decree No. 1,212/1994
Both share the same goal: to return the child promptly to their country
of habitual residence, so that custody and access issues can be decided there.
The Convention does not decide who gets custody, but which country has
jurisdiction to decide.
When the Convention Applies
- Children under 16;
- Wrongful removal or retention in breach of a parent's custody rights;
- Both countries are parties to the Convention;
- Timing matters: applications filed within one year tend to receive a
more favorable analysis for return.
How We Act
For parents whose child was brought to Brazil or taken abroad:
- Immediate assessment of the case and documents;
- Cooperation requests to Brazil's Federal Central Authority (ACAF) and
foreign central authorities;
- Representation in search, seizure and return proceedings before the
Federal Courts;
- Urgent measures to locate the child and prevent further departure
from the country.
For parents facing return applications:
- Legal defense in return proceedings;
- Demonstration of the exceptions provided for in the Convention, such
as grave risk to the child, consent of the other parent or settlement in the
new environment;
- Pursuit of amicable solutions where possible.
International access rights:
- Securing visitation and contact between parents and children living
in different countries;
- Dispute prevention through agreements, travel authorizations and
preventive measures.
Why Choose Us
International abduction cases require immediate response, command of
the treaties and dialogue with authorities in more than one country. We combine
experience in international family law and international legal cooperation with
close, human-centered service, always focused on the best interests of the
child.
With offices in Brasília, Recife and São Luís, we are close to
Brazil's Federal Central Authority and the courts that handle these cases,
serving clients in person and online, in Brazil and abroad.
Has your child been taken to another country, or are you facing a
return application? Contact our team as soon as possible.
