case commentary
Parents of minor children with dual nationality can and should maintain contact with…
Parents of minor children with dual nationality can and should maintain contact with their children, even when they are living in another country with the consent of one of the parents. The STJ reinforced that the right to visit is structured by the Hague Convention, and does…
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Overview
Parents of minor children with dual nationality can and should maintain contact with their children, even when they are living in another country with the consent of one of the parents. The STJ reinforced that the right to visit is structured by the Hague Convention, and does not depend on situations of travel without the parent's authorization or unlawful retention. This right belongs mainly to the child, as it is essential for their development to maintain emotional ties with both parents. The Central Authority in Brazil, represented by the Human Rights Secretariat, can organize visits, and the Union, through the AGU, can take legal action if this is not resolved administratively. When the Union acts, the Federal Court is responsible for the case; If it is the parent who files the action, the State Court will deal with the matter in accordance with Brazilian civil laws.