On 14th June 2012, a Regional Federal Court in Brasilia, Brazil decided to concentrate jurisdiction for international child abduction cases at the first-instance level, reports the Hague.
The move, undertaken by the Regional Federal Court for the 1st Region (which includes the Federal District and 13 States), is a significant step forward for the operation of the 1980 Hague Child Abduction Convention, as practice has shown that the concentration of jurisdiction facilitates the development of judicial expertise, which then results in the Convention operating more expediently and effectively. The four other additional Regional Court jurisdictions in Brazil are expected to follow suit in the near future.
The 1980 Hague Child Abduction Convention applies typically where one parent has moved a child abroad without the consent of the other parent and without the permission of a court. In such a case, the “left behind” parent may apply through the Hague system for the prompt return of the child, and a “return order” will be issued unless the “taking parent” can establish that one of the exceptions found in the Convention should be applied.
