Hague Convention Child Abduction in Brazil: How Return Cases Work

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Hague Convention child abduction in Brazil: how return cases work

Maria Helena SeabraUpdated November 2026 · By Maria Helena Seabra, Esq. · OAB/RJ 210.129

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.

Hague Convention

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.

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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.

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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.

Deadlines and exceptions
What the Hague Convention provides
Situation Rule Source
Case started within 1 year Return must be ordered Decree 3.413/2000, art. 12
Case started after 1 year Return, unless the child is settled in the new environment Art. 12
Applicant was not exercising custody or consented Return may be refused Art. 13(a)
Grave risk of physical or psychological harm Return may be refused Art. 13(b)
Evidence of domestic violence Immediate return may be refused Supreme Court, ADI 4245 and 7686 (2025)
Mature child objects to return The court may take the child’s views into account Art. 13

Time matters in Hague cases. Tell us about your situation in English.

WhatsApp +55 21 99541-9244

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.

Step by step
How we work on Hague cases
1
Urgent review

Dates, custody, habitual residence and risks.

2
Strategy

Return request, defense based on the exceptions, or agreement.

3
Court work

Alongside the AGU or on the defense, in Federal Court.

4
Evidence

Documents from Brazil and abroad, translations and apostilles.

5
Agreement or ruling

Return, stay and contact arrangements.

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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

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Translated from Portuguese. Original reviews are on our Google profile.

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“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.”

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U.S. Mission attorney listEnglish and Portuguese599 Google reviews

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.

Maria Helena Seabra, Esq.

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.

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Leia em português: sequestro internacional de crianças e a Convenção da Haia

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Maria Helena Seabra

Maria Helena Seabra

Maria Helena é Sócia do Escritório Marcello Benevides Advogados. Especializada na defesa dos homens no direito de família e em Direito de Família Internacional. Possui larga experiência na área familiar e sucessória, com mais de 15 anos de atuação. É membro do IBDFAM (Instituto Brasileiro de Direito de Família). É pós-graduada em Direito de Família e Sucessões pela Pontifícia Universidade Católica (PUC-RJ), em Direito Internacional, Imigração & Migração pela EBPÓS ESCOLA BRASILEIRA DE PÓS GRADUAÇÃO e em Direito Civil e Processo Civil pela Universidade Cândido Mendes.