Brazil: State Department's Annual Report on International Child Abduction, 2024

Posted by Jeremy Morley | May 07, 2024 | 0 Comments

Summary: The Convention has been in force between the United States and Brazil since 2003. In 2023, Brazil continued to demonstrate a pattern of
noncompliance. Specifically, the Brazilian judicial authorities failed to regularly implement and comply with the provisions of the Convention. As a result of this failure, 43 percent of requests for the return of abducted children under the Convention remained unresolved for more than 12 months. On average, these cases were unresolved for two years and four months. Brazil was previously cited for demonstrating a pattern of noncompliance in the 2006-2023 Annual Reports.
Initial Inquiries: In 2023, the Department received four initial inquiries from parents regarding possible abductions to Brazil for which no completed applications were submitted to the Department.

Significant Developments: In 2023, two children returned to the United States from Brazil. Brazil's International Hague Network of Judges hosted a nationwide judicial training conference in Fortaleza, Brazil, to exchange best practices with partner countries, including the United States, to promote the effective implementation of the Hague Abduction Convention in Brazil.
However, again during this reporting period, the Brazilian Central Authority delayed processing some cases when it took an extended period of time to review whether it would accept them. Additionally, the Brazilian Central Authority's case processing procedures lack clarity in some circumstances, which in turn resulted in delays.
Central Authority: While the U.S. and the Brazilian Central Authorities have a cooperative relationship, some actions to resolve Convention cases, as noted above, are an area of concern.

Location: The average time to locate a child was 71 days. As of December 31, 2023, there were two cases in which the Brazilian authorities were
unable to initially locate a child.
Judicial Authorities: There were serious delays by the judicial authorities in deciding Convention cases, which contributed to a pattern of noncompliance. As a result of these delays, cases may be pending with the judiciary for more than one year. Delays at the first instance and the appellate stages persisted during the reporting year. Consequently, the Department remains concerned with the Brazilian judiciary's repeated failure to regularly implement and comply with the provisions of the Convention.
Enforcement: Decisions in Convention cases in Brazil were generally enforced in a timely manner during this reporting period.
Department Recommendations: The Department will continue intense engagement with Brazilian authorities to address issues of concern.

About the Author

Jeremy Morley

Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from its New York office, with a global network of local counsel. Mr. Morley is the author of "International Family Law Practice,...


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