Reevaluating Domestic Violence in Child Abduction Cases
https://internationallawyerbrazil.com/reevaluating-domestic-violence-in-child-abduction-cases/
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Domestic Violence influence on Abducted Children’s Return
The Domestic Violence influence on Abducted Children’s Return Dr. Maurício Ejchel The Central Authority for the Hague Convention on International Child Abduction (CGAP) will host in June/2024 the international legal community at Sandton, South Africa, for the Forum on Domestic Violence and the Operation of Article 13(1)(b) of the 1980 Child Abduction Convention. Recognizing the
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The impact of Domestic Violence on Art. 13 of the 1980 Hague Convention.
The impact of Domestic Violence on Article 13(1)(b) of the 1980 Child Abduction Convention Dr. Maurício Ejchel The Central Authority for the Hague Convention on International Child Abduction (CGAP) will host in June/2024 the international legal community at Sandton, South Africa, for the Forum on Domestic Violence and the Operation of Article 13(1)(b) of the
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Understanding the Fundamentals of Brazilian Marriage & Divorce
Understanding the Fundamentals of Brazilian Marriage & Divorce Dr. Maurício Ejchel International Family Lawyer (Brazil) If you intend to marry a Brazilian citizen and are considering holding the ceremony in Brazil, it’s crucial to familiarize yourself with the specific regulations and prerequisites arising for marriage in the country. Marriage is officiated at a public notary,
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EU Parliament Investigates Brazil’s Compliance with Hague Child Abduction Rules
EU Parliament Investigates Brazil’s Compliance with Hague Child Abduction Rules By Dr. Maurício Ejchel International & Family Lawyer (Brazil) Brazil’s adherence to the 1980 Hague Convention on International Child Abduction is once more under scrutiny, now by the European Parliament, as the issue of EU children unlawfully retained in Brazil becomes increasingly visible. Historically,
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The Act of Fraudulent Commission of Reality on Child Abduction Cases
The article discusses the Act of Fraudulent Commission of Reality (ACFR), a pattern where abducting parents manipulate reality to legitimize international child abductions. Employing strategies like false allegations of abuse and legal maneuvers in the destination country, these actions aim to obstruct the child’s repatriation under the 1980 Hague Convention. Statistical data from the Hague Conference on Private International Law shows a significant rise in invoking Article 13(1)(b) to justify non-repatriation due to alleged risks to the child. This highlights the need for rigorous examination of such claims to ensure they are not exploitations of ACFR tactics, safeguarding the child’s best interests.
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Act of Fraudulent Commission of Reality
The article discusses the Act of Fraudulent Commission of Reality (ACFR), a pattern where abducting parents manipulate reality to legitimize international child abductions. Employing strategies like false allegations of abuse and legal maneuvers in the destination country, these actions aim to obstruct the child’s repatriation under the 1980 Hague Convention. Statistical data from the Hague Conference on Private International Law shows a significant rise in invoking Article 13(1)(b) to justify non-repatriation due to alleged risks to the child. This highlights the need for rigorous examination of such claims to ensure they are not exploitations of ACFR tactics, safeguarding the child’s best interests.
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Filing for Divorce from a Brazilian Partner
This article provides guidance on marriage and divorce processes in Brazil for those planning to wed a Brazilian individual. It explains that marriage in Brazil requires certain documentation for foreign nationals, such as a valid passport, a certificate of civil status from the home country, and various other documents translated into Portuguese. The legalization of these documents can be achieved via the Hague Apostille. A significant aspect of the marriage process is the selection of a marital regime, either the “Comunhão de Bens” (Communion of assets) or “Separação de Bens” (Separation of Assets). For those opting for Separation of Assets, a Prenuptial Agreement (Pacto Antenupcial) is essential. The concept of “Stable Union” (União Estável) is also introduced as an alternative to formalized marriages. Divorce in Brazil has been streamlined after the 2002 amendment to the Brazilian Civil Code. It can be processed through either the judicial or extrajudicial method. Lastly, the article touches upon child custody and visitation rights, emphasizing the importance of the child’s best interests and ensuring regular interactions between the child and both parents.
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My child has been abducted to Brazil
To effectively address international child abduction cases, especially under the Hague Convention, it’s crucial to retain a lawyer as soon as possible. Quick legal action can significantly influence the outcome and speed up the process of reuniting with your child.
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Brazil’s New Era in Child Abduction Cases
The IN 449/2022 resolution, implemented by the Brazilian judiciary, marked a significant shift in addressing international child abduction cases. Initiated in response to global criticism, particularly from the ICAPRA 2023 report and in collaboration with the Hague Convention, this normative instruction, effective from March 30, 2022, aimed to reform and standardize Brazil’s judicial processes. It introduced stringent deadlines, including a 30-day limit for mediation and a 15-day timeframe for responses, and streamlined the analysis of injunctions for the immediate return of children, thereby expediting case resolutions and ensuring a uniform approach across all Brazilian states.
This reform significantly improved the efficiency of Brazil’s handling of child abduction cases. By 2023, there was a notable 15% increase in the number of children returned, highlighting the resolution’s impact. IN 449 not only reinforced the legal framework against child abduction but also enhanced the protection of children’s rights and Brazil’s standing in the international legal community, particularly in family law.
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