BRAZIL Law and Practice Contributed by: Mauricio Ejchel, MF Ejchel International Family Law
the child’s care and explain how the existing relation - ship will be kept up if the move does not happen. 2.3.8 Costs of an Application for Relocation There is no reliable nationwide figure for the cost of a Brazilian relocation case. Court fees are set by each state and are usually linked to the value given to the proceedings, subject to local minimums and maxi - mums. Appeals, service, certified copies and other steps can add further charges. The main cost is usually legal representation. Fees are agreed privately and vary with urgency, the amount of evidence, the number of hearings and appeals, and whether foreign lawyers must be co-ordinated. International cases may also need sworn translations, apostilles, immigration evidence, travel, psychological or social assessment, and evidence about foreign law or enforcement. A party who shows insufficient means may obtain free justice under Articles 98 to 102 of the Code of Civil Procedure and may qualify for the Public Defender’s Office, subject to local eligibility and capacity. A losing party may also have to pay the other side’s statutory legal fees, though allocation in family cases depends on the facts. A realistic estimate therefore needs the chosen state, the case value, the evidence plan and the likely level of dispute. 2.3.9 Time Taken by an Application for Relocation Timing varies widely between state courts and accord - ing to urgency, evidence and appeals. A fully agreed move and parenting plan may be approved within weeks or a few months. Where there is an immediate risk of travel, harm or concealment, an interim appli - cation may be determined within days, although the judge may first give the other parent a short opportu - nity to be heard before authorising a move that cannot readily be reversed. A contested first-instance case usually needs plead - ings, mediation, a social or psychological study, dis - closure of the foreign plan, a hearing and judgment. A practical estimate is about 12 to 24 months, and a heavily disputed case can take longer. An appeal may add several months, and in exceptional situations the
matter may reach the Superior Court of Justice or the Supreme Federal Court. Because there is no separate national case category for relocation, there is no dependable official aver - age. Early, complete evidence and a precise interim request matter, since a missed school term, an expir - ing visa or a unilateral move can change the practical position before the final judgment. 2.3.10 Primary Caregivers Versus Left-Behind Parents Brazilian law does not presume that the principal carer should be allowed to move or that the left-behind par - ent should prevail. The child’s best interests remain the controlling consideration. Shared custody is the statutory starting point where both parents can exer - cise it and there is no credible likelihood of domestic or family violence, but it does not require equal over - night care or prevent one home from being the child’s principal base. Who has historically been the main carer matters, because keeping secure care steady is important, especially for a young child. It is not a licence to make a one-sided international decision. Equally, the left- behind parent’s role is judged by real care, commit - ment and relationship, not by the label of non-resident parent. The judge weighs the harm of disrupting the child’s bond with the parent who wants to move against the harm of reducing the bond with the parent who stays. A well-planned proposal by a main carer can succeed, and a proposal that sidelines the other parent can fail. The outcome turns on the evidence, not on parental status. 2.4 Relocation Within a Jurisdiction A move within the same neighbourhood or to a nearby location will not ordinarily require judicial authorisation where it does not materially affect the child’s school, care arrangements, contact with the other parent or an existing court order. Parental authority must nevertheless continue to be exercised jointly. Article 1,634 (V) of the Civil Code places consent to a permanent change of residence to
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