By Dr. Maurício Ejchel *

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 for Combat against International Child Abduction.

You don´t have to initiate litigation at your local Courts against the abductor, but making a police report is advisable.

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.

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.

To understand more about the “search and seizure” claim your can read these article  of the renowned lawyer Mr. Jeremy Morley: exceptions for the non-return article 12 and 13;

The peculiar case of Sean Goldman (Sean Goldman´s Case)

Documentary Record TV – Hague Case in Brazil and  Youtube Live.

To initiate your Hague request and follow procedures in Brazil, you can also see:

* Dr. Mauricio Ejchel is an International Lawyer based in São Paulo, Brazil, graduated from the Law School of the Catholic University of São Paulo, Postgraduate in International Relations, admitted to the Brazilian Bar (1995), founding partner of MF Ejchel International Advocacy (1996), commentator at the Brazilians TV Networks and columnist for Radio Justice, that belongs to the Brazilian Supreme Court.