The child travelled from the United States to Brazil for holidays accompanied by the mother, a Brazilian national. The child was not returned to the United States after the agreed period of holidays in Brazil, which ended on June 2004.
The Central Authority of the United States contacted the Central Authority of Brazil on 23 September 2004 to transmit the request for the return of the child, lodged by the father. The father hired Counsel, independently, to start judicial proceedings in Brazil seeking the return of the child.
While judicial proceedings in Brazil seeking the return were ongoing, the mother passed away. The father then started new judicial proceedings against the stepfather, with whom the child lived in Brazil. The proceedings against the stepfather, lodged judicially by the father, originates the present decision.
The First Instance decision ordered the return and fixed a transition regime for the child upon arrival in the United States. The stepfather appealed the First Instance decision.
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