Brazil’s Experience with Recognition and Enforcement of Family Agreements in International Child Disputes
Recently, there has been a greater focus on promoting amicable solutions in cross-border family disputes. Alternative dispute resolution methods such as mediation and conciliation have been used in Brazil to avoid lengthy legal proceedings and to resolve cases where concerns about the child’s situat...
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| Format: | Article |
| Language: | English |
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MDPI AG
2023-09-01
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| Series: | Laws |
| Subjects: | |
| Online Access: | https://www.mdpi.com/2075-471X/12/5/77 |
| _version_ | 1797573208125210624 |
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| author | Lalisa Froeder Dittrich |
| author_facet | Lalisa Froeder Dittrich |
| author_sort | Lalisa Froeder Dittrich |
| collection | DOAJ |
| description | Recently, there has been a greater focus on promoting amicable solutions in cross-border family disputes. Alternative dispute resolution methods such as mediation and conciliation have been used in Brazil to avoid lengthy legal proceedings and to resolve cases where concerns about the child’s situation after their return arise. Parties involved in child abduction disputes can feel motivated to reach an agreement when they can decide on child support, custody, and visitation rights before the child’s return. However, enforcing these agreements can be challenging. This article examines Brazil’s experience with international legal cooperation requests under the Convention of 1980 on the Civil Aspects of International Child Abduction (Child Abduction Convention), where the parties faced these issues whilst trying to resolve their conflicts under one or more of the Hague Conventions. The article uses a pragmatic and empirical approach to address difficulties in recognising and enforcing agreements and available alternatives. It concludes with a suggestion for more cooperation between central authorities and with the idea that although adhering to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children could improve the scenario in Brazil, a new international instrument would significantly enhance the resolution of cross-border disputes, especially for non-European states. |
| first_indexed | 2024-03-10T21:06:38Z |
| format | Article |
| id | doaj.art-2387da1dae884e58b78a93514f268fdd |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-03-10T21:06:38Z |
| publishDate | 2023-09-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-2387da1dae884e58b78a93514f268fdd2023-11-19T17:05:03ZengMDPI AGLaws2075-471X2023-09-011257710.3390/laws12050077Brazil’s Experience with Recognition and Enforcement of Family Agreements in International Child DisputesLalisa Froeder Dittrich0Ministry of Justice and Public Security, Brasilia 70064-900, BrazilRecently, there has been a greater focus on promoting amicable solutions in cross-border family disputes. Alternative dispute resolution methods such as mediation and conciliation have been used in Brazil to avoid lengthy legal proceedings and to resolve cases where concerns about the child’s situation after their return arise. Parties involved in child abduction disputes can feel motivated to reach an agreement when they can decide on child support, custody, and visitation rights before the child’s return. However, enforcing these agreements can be challenging. This article examines Brazil’s experience with international legal cooperation requests under the Convention of 1980 on the Civil Aspects of International Child Abduction (Child Abduction Convention), where the parties faced these issues whilst trying to resolve their conflicts under one or more of the Hague Conventions. The article uses a pragmatic and empirical approach to address difficulties in recognising and enforcing agreements and available alternatives. It concludes with a suggestion for more cooperation between central authorities and with the idea that although adhering to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children could improve the scenario in Brazil, a new international instrument would significantly enhance the resolution of cross-border disputes, especially for non-European states.https://www.mdpi.com/2075-471X/12/5/77child abductionmediationrecognition and enforcementvoluntary agreementsHague Conventions |
| spellingShingle | Lalisa Froeder Dittrich Brazil’s Experience with Recognition and Enforcement of Family Agreements in International Child Disputes Laws child abduction mediation recognition and enforcement voluntary agreements Hague Conventions |
| title | Brazil’s Experience with Recognition and Enforcement of Family Agreements in International Child Disputes |
| title_full | Brazil’s Experience with Recognition and Enforcement of Family Agreements in International Child Disputes |
| title_fullStr | Brazil’s Experience with Recognition and Enforcement of Family Agreements in International Child Disputes |
| title_full_unstemmed | Brazil’s Experience with Recognition and Enforcement of Family Agreements in International Child Disputes |
| title_short | Brazil’s Experience with Recognition and Enforcement of Family Agreements in International Child Disputes |
| title_sort | brazil s experience with recognition and enforcement of family agreements in international child disputes |
| topic | child abduction mediation recognition and enforcement voluntary agreements Hague Conventions |
| url | https://www.mdpi.com/2075-471X/12/5/77 |
| work_keys_str_mv | AT lalisafroederdittrich brazilsexperiencewithrecognitionandenforcementoffamilyagreementsininternationalchilddisputes |