BRAZIL Law and Practice Contributed by: Adriana Chieco, Camila Ieracitano Macedo Maia and Mabel Tucunduva Prieto de Souza, Chieco Advogados
parents in the common adoption) are permanently severed.
on the case, other relatives. They then present their findings in a report to the judge, which is not binding but tends to be considered. Parties can challenge the report and ask for clarification. Children may express their wishes at these interviews, but these will be considered within the full context of the case. 2.3.3 Age/Maturity of the Child The feelings and wishes of the child are heard and considered within the full context of the case. This also applies to older children, who may lack the maturity to make decisions about the future despite their age. It is also common for a child’s expressed desires to be influenced by one parent’s behaviour. Acts of paren - tal alienation, such as derogatory remarks about the other parent or their country and family, and promises of immediate, superficial rewards in the new country, are the approaches most frequently used to interfere in a child’s expressed desires. 2.3.4 Importance of Keeping Children Together The child’s emotional bonds with other relatives are a significant factor in the court’s decision. Generally, the court aims to keep siblings together. 2.3.5 Loss of Contact The judge must evaluate the ability of the parent who wishes to relocate to accommodate the other par - ent’s location and facilitate ongoing contact between the child and the other parent. It may be possible to grant more extensive visitation and accommodation rights, such as during the entire duration of certain school holidays, to maximise the other parent’s time with the child despite the move. Additionally, video calls are commonly utilised to maintain the parent- child relationship. The parent who is moving must also consider bearing the cost of the child’s trips to the original country to allow contact. 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? Relocation cases are assessed individually based on their specific circumstances. Generally, the judge considers the relevance and concreteness of the rea - sons for relocation (eg, currently existing professional opportunities with certainty of income, health needs
2. Relocation 2.1 Whose Consent Is Required for Relocation?
In the context of joint parental authority, both parents must consent to the child’s international relocation. In the event of a disagreement, the court of the child’s habitual residence will issue a ruling, determining the matter based on the best interests of the child. 2.2 Relocation Without Full Consent If the other parent opposes the relocation, the parent seeking to move with the child must submit the matter to the family court. The family judge will then decide based on the best interests of the child. 2.3 Application to a State Authority for Permission to Relocate a Child 2.3.1 Factors Determining an Application for Relocation The child’s best interests are the primary considera - tion for the judge. Factors such as the child’s age, their relationship with each parent as a caregiver, extended family support in the new country, improved educa - tional opportunities and the potential for a higher standard of living will be evaluated. It is expected that the application to the family court will present: • clear and concrete reasons for moving; • a plan of how the child’s life and routine would look in the new country, including place of residence, school, etc; and • a plan of how to maintain contact with the left- behind parent, considering not only scheduling time together but also the cost of travelling. 2.3.2 Wishes and Feelings of the Child In these types of lawsuits, the judge rarely directly hears the children. Instead, children are usually inter - viewed by a court-appointed psychologist and, occa - sionally, by a court-appointed social worker. These experts also interview the parents and, depending
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