International child abduction happens when a child is taken to another country, or kept there, without the consent of the person who has custody rights. Brazil applies the Hague Convention through Decree 3.413/2000, which aims at the prompt return of the child, with exceptions such as grave risk or domestic violence.
Was your child taken to or kept in Brazil?
We assist both sides: parents seeking the return of a child and parents defending a case in Brazil. Service in English and Portuguese.
Seeking the return
Your child was taken to Brazil
We follow the Central Authority request and defend your own interests in court.
Defending a case
You brought your child to Brazil
We build the defense using the Convention exceptions, including evidence of domestic violence recognized by the Supreme Court.
How does a Hague return case work in Brazil?
The parent contacts the Central Authority of the country where the child lived, which sends the request to Brazil’s Central Authority (ACAF, Ministry of Justice). In Brazil, the Federal Attorney General’s Office (AGU) files the case in Federal Court (Constitution, art. 109, III).
A key point: according to Brazil’s Ministry of Justice, the AGU acts on behalf of the foreign State and does not represent the parent. To defend your own interests in the case, you need a private lawyer in Brazil.
Time matters in Hague cases. Tell us about your situation in English.
Free calculator · Hague Convention
Is your case within the 1-year period?
Enter the date the child left the country of habitual residence. See the days elapsed, the 1-year date and what the Convention provides.
Counted until today; the Convention counts until proceedings start. General guidance; it does not replace the analysis of your case.
What did Brazil’s Supreme Court decide about domestic violence?
On August 27, 2025, Brazil’s Supreme Federal Court confirmed that the Hague Convention is compatible with the Constitution, but held that the immediate return can be refused when there is verifiable evidence of domestic violence, even if the child was not the direct victim (ADI 4245 and ADI 7686). See the official Supreme Court news (in Portuguese).
For the parent seeking the return, the case needs solid evidence. For the parent in Brazil, evidence of violence is decisive.
Can the case be settled?
Yes. Brazil’s Central Authority encourages an amicable solution that protects the child and contact with both parents. An agreement sets where the child lives, holidays, visits and travel costs. For other family matters, see our page for foreigners with family matters in Brazil or for U.S. citizens who need a lawyer in Brazil.
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Credentials
Member of the Brazilian Institute of Family Law
The Brazilian Institute of Family Law (IBDFAM) certifies that our firm is one of its members. It is the leading family law institute in Brazil.
Frequently asked questions
What is international child abduction under the Hague Convention?
It is the removal of a child to another country, or keeping the child there, in breach of someone’s custody rights that were actually being exercised. Brazil applies the 1980 Hague Convention through Decree 3.413/2000 (art. 3).
Up to what age does the Convention apply?
Until the child turns 16 (Decree 3.413/2000, art. 4).
Is there a deadline to request the return?
If proceedings start less than one year after the removal or retention, the return must be ordered. After one year, return is still possible unless the child is shown to be settled in the new environment (art. 12).
Who files the case in Brazil?
The Federal Attorney General’s Office (AGU) files the case in Federal Court on behalf of the foreign State (Brazilian Constitution, art. 109, III). The AGU does not represent the parent, who may hire a private lawyer.
Can a Brazilian court refuse to return the child?
Yes, in cases set out in the Convention, such as when the applicant was not exercising custody, consented, or there is a grave risk to the child (art. 13). In 2025, Brazil’s Supreme Court added that evidence of domestic violence can also prevent an immediate return.
What did Brazil’s Supreme Court decide in 2025?
On August 27, 2025, the Supreme Federal Court (cases ADI 4245 and ADI 7686) held that the immediate return can be refused when there is verifiable evidence of domestic violence, even if the child was not the direct victim.
Do I need a private lawyer in Brazil?
It is not mandatory, but it is advisable. According to Brazil’s Ministry of Justice, the AGU defends the foreign State’s interest; parents who want their own interests defended need a private lawyer.
Can the case be settled by agreement?
Yes. Brazil’s Central Authority encourages parents to reach an amicable solution that protects the child and contact with both parents.
What our clients say
Verified Google reviews
Translated from Portuguese. Original reviews are on our Google profile.
“I want to thank the whole team, especially Dr. Maria Helena. I was able to be with my daughter again after so many months. Thank you for every step and every fight.”
Claudio Júnior
“Highly qualified professionals who handled my case with excellence. Special thanks to Dr. Maria Helena, who masterfully gave me all the support I needed.”
Priscila Barbieri
“Excellent family law service. The lawyer is extremely competent, attentive and transparent at every stage. I felt completely secure with the work.”
Nathalia Nogueira
“An exceptional experience. I was welcomed from the first contact with professionalism and humanity. They handled everything with care and empathy at a delicate time.”
Daniel Sabino
“I was extremely well looked after. All my questions were answered with patience and clarity. I felt respected, heard and safe.”
Laise Aires
“Excellent service. I felt secure and well advised at every stage of the process. I recommend them without hesitation.”
Andrey Guerra
Hague cases need speed and strategy
Whether you seek the return or need to defend a case, we reply with the next steps and a written fee proposal.
About the author
Maria Helena Seabra, Esq.
Attorney · OAB/RJ 210.129 · Family Law and International Family Law
Graduate studies in Family and Estate Law (PUC-Rio), International Law (EBPÓS) and Civil Law and Civil Procedure (Cândido Mendes). Member of IBDFAM. English-speaking clients are supported by the firm’s bilingual case coordinator.
Leia em português: sequestro internacional de crianças e a Convenção da Haia
