Lawer-Brazil

domestic violence

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

Domestic Violence influence on Abducted Children’s Return Read More »

In this context, the legal concept of domestic violence as a factor under Article 13 also warrants considerable examination due to its subjective nature, which open doors to diverse interpretations across various legal systems, as, for example Brazil and South Africa, that use to make a more lenient judgments regarding to the application of the 1980 Convention by their courts.

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

The impact of Domestic Violence on Art. 13 of the 1980 Hague Convention. Read More »

UE scrutinize Brazil

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,

EU Parliament Investigates Brazil’s Compliance with Hague Child Abduction Rules Read More »

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.

The Act of Fraudulent Commission of Reality on Child Abduction Cases Read More »

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.

Act of Fraudulent Commission of Reality Read More »

lawyer in brazil - dr. mauricio ejchel

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.

Brazil’s New Era in Child Abduction Cases Read More »

lawyer in brazil - dr. mauricio ejchel

U.S.-Brazil Relations on International Child Abduction

In 2023, there was a significant 25% increase in the number of child return cases in child abduction situations, indicating a notable shift in the judiciary’s approach and understanding. This change underscores a heightened awareness and commitment among judges to improve the resolution of these cases.

U.S.-Brazil Relations on International Child Abduction Read More »