The article provides an overview of the legal considerations that a parent should take into account before permitting their child to be relocated to Brazil by an ex-spouse. The article highlights the importance of obtaining a court order that outlines the custody arrangements, including the relocation of the child, before the child leaves the country, as without a court order, a parent may face significant challenges in asserting their parental rights and enforcing any custody arrangements in Brazil.
The article also explains that foreign court orders need to be “homologated” in Brazil through a legal process, and that Brazilian courts have the authority to modify or revise the order if they find that there has been a change in family circumstances or if it is in the best interest of the child to do so.
The article concludes by advising parents to seek legal advice and guidance before making any decisions regarding the relocation of a child to Brazil, as moving a child to Brazil without proper legal authorization and documentation can have serious consequences, including complications in enforcing custody and visitation orders.