international child abduction in Brazil

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.

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.

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.