[A.R.P.] v [Uni?o], Recurso Especial No 1.723.068 – RS

INCADAT legal file Hague parental abduction

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The child was born in 2011 in Spain of a Brazilian mother and Spanish father.
In 2013, the family lived in Brazil for a while. In 2014, the father, mother and child returned to Spain. However, the mother and child established their residence in a different city from the father. The child enrolled at school in Spain for the 2014/2015 term.
The mother travelled with the child to Brazil in September 2014. The father contacted the Central Authority of Spain in October 2014, alleging wrongful removal under the 1980 Child Abduction Convention.
Judicial proceedings seeking the return of the child were initiated in Brazil in 2015 by the State Attorney of the Federal Government (Uni?o).
The First Instance decision denied the application of the Hague Convention on the grounds that the country of habitual residence of the child was Brazil. The First Instance decision was overturned by the Second Instance judgment, which ordered the return of the child to Spain. The mother sought to review the decision ordering the return at the Superior Appellate Court (Superior Tribunal de Justi?a).