Sequestro internacional de crianças: uma análise da Convenção de Haia de 1980

Abstract

Nowadays, one of the consequences of the “globalization” process, besides the intensification of commercial relations between companies and states, is that more and more bi-or multinational families have been formed. In these cases, the family usually establishes residence in the country of one of the spouses. However, after the divorce, one of the spouses takes the decision unilaterally to return to reside in their country of origin, taking with them the children resulting from marriage, even if minors, without the authorization of the other parent and not even the competent Judiciary. In these situations, and in others where the child (ren) are (are) subtracted from their natural habitat by one of the parents without the due authorization of the other parent and their judicial supply, the Convention on the Civil Aspects of International Child Abduction was established with the primary objective of repatriating and reinserting the child in its original environment, restoring the status quo. However, there are certain aspects and exceptions provided for in the Convention that have been the subject of discussions in the Courts and in the academic world. The aim of this study is to examine the details of this problem through a bibliographical and documentary study (mainly through legislative analysis).