Child Abduction Cases in Brazil
If your Child has been illegally taken by your ex-partner to Brazil, you must seek help from your Country’s Central Authority and file a request for international assistance based on the Hague Convention on International Child Abduction. Mauricio Ejchel discuss these child abduction cases in Brazil.
You don´t have to initiate litigation at your local Courts against the abductor, but making a police report is advisable.
Child abduction cases
As it is already common knowledge, the Brazilian judiciary has very confusing and often slow legal procedures and not much consideration of the high urgency and illegality of the case.
Based on the alleged principle of preserving the Child’s well-being, the Child’s adjustment to the social environment in Brazil is taken into consideration very passionately and is habitually lenient to the abductor.
For example, even though international abduction is a crime in Brazil, it is very unusual for the abductor to be criminally prosecuted.
But regardless of that, yes, it is possible to get back your Child, but be prepared to fight in Court.
Retain a lawyer asap, choosing one of the more than 576.844 attorneys available in Brazil in all its different States, observing that you also can opt to retain a law office in São Paulo or Rio de Janeiro specialized in this type of case.
Your Hague request
So, you will need to gather pdf copies of (1) your Hague Request, (2) documents of the children (ID, Passport, etc. (3) pictures of the children, and (4) all pieces of evidence regarding the abduction act, marriage certificate, divorce docs, e-mails, flight ticket, the abductor’s behavior, etc.
Your lawyer must file a claim for search and seizure of a minor at the local Federal Courts, including the specific Brazilian Authority* as your co-claimant, and ask for a Court Order to determine the child’s seizure and return.
Case your order doesn´t be granted by the Court as a precautionary decision (as, according to the local Brazilian law is mandatory), the litigation will follow up until a final decision, with the same results, that will (or not) ordinate the return of the children to your Country.