BRAZIL Law and Practice Contributed by: Mauricio Ejchel, MF Ejchel International Family Law
2. Relocation 2.1 Whose Consent Is Required for Relocation?
employment, schooling, healthcare, family support and continued contact with the other parent. The court hears the other parent, and the Public Prosecutor par - ticipates because the child’s interests are involved. Mediation and social or psychological assessment may be ordered where useful. Interim relief is available in urgent cases, although permission for an effectively irreversible international move is approached with par - ticular care. The court may approve or refuse the relocation, post - pone it until specified conditions are met or authorise it with a detailed cross-border parenting plan. Safe - guards may address contact dates, advance purchase of tickets, travel costs, remote communication, foreign school and address information, recognition of Bra - zilian orders and arrangements for the child’s return for contact. Moving before consent or judgment may lead to urgent protective orders, changes to custody and, where the treaty requirements are met, return proceedings under the 1980 Hague Convention. 2.3 Application to a State Authority for Permission to Relocate a Child 2.3.1 Factors Determining an Application for Relocation Brazilian law provides no separate statutory test for relocation and no presumption either in favour of or against a move abroad. The question is decided on the best interests of the child, drawn from Article 227 of the Federal Constitution, the Child and Adolescent Statute and Articles 1,583 and 1,584 of the Civil Code. In shared custody, Article 1,583 (3) requires the child’s base city to be the one that best serves the child. The judge assesses the particular child rather than the wishes of either parent, examining age, health, schooling, emotional attachments, language, culture and developmental needs, the history and quality of the care received, and the bond with each parent and with siblings. The child’s own views are taken into account when properly obtained. The parent who wishes to move must present a con - crete and workable plan. Courts scrutinise the reason for the move, immigration status, housing, employ - ment or income, schooling, healthcare, available fam - ily support and the overall stability of the destination. A generic proposal, an uncertain visa or reliance on
A permanent international relocation normally requires the consent of both legal parents. Article 1,634 of the Civil Code places decisions concerning international travel and permanent changes of residence within the joint exercise of parental authority. Moving the child to another country therefore cannot ordinarily be decid - ed by one parent alone. Sole custody does not, by itself, give the resident par - ent an unrestricted right to relocate. The other parent usually retains parental authority and the right to par - ticipate in major decisions affecting the child. Consent is unnecessary only where the other parent no longer holds parental authority or where a court expressly authorises the relocation. If consent is refused, the parent proposing the move must seek judicial permis - sion before changing the child’s country of residence. Consent should be specific and recorded in writing. Authorisation for a holiday, passport or temporary journey does not normally amount to consent to per - manent relocation. A suitable agreement should iden - tify the destination and address schooling, healthcare, contact, travel arrangements, costs and documents. The child’s views may be considered according to age and maturity, but they do not replace the consent or judicial authorisation required by law. Moving without that authority may constitute wrongful removal under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, as explained in 3. Child Abduction . 2.2 Relocation Without Full Consent Where consent cannot be obtained, the parent pro - posing the move must apply to the competent State Family Court before relocating. The court may author - ise the change of residence and supply the missing consent for international travel or passport formalities. The same proceedings may determine or adjust cus - tody, the child’s principal home, contact, maintenance and responsibility for travel costs. The applicant should present a complete and work - able plan covering immigration status, housing,
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