Answer given by Mr Reynders on behalf of the European Commission

12.2.2024

The Commission is aware that the implementation of the 1980 Convention on Child Abduction by Brazil raises concerns due to the length of proceedings and the lack of return of the child in some cases.

The problem was discussed with the European External Action Service (EEAS) and the EU Delegation in Brasilia, which carried out an inquiry among Member States. The Regional Office for Latin American and Caribbean of the HCCH[1] was also consulted. The The possibility of a diplomatic demarche has been considered.

However, it was decided to reassess this step at a later stage because there were some recent and promising developments in Brazil, such as the designation of six Members of the International Hague Network of Judges, who have also published a specific guide for the management of abduction cases addressed to the judiciary.

The National Judicial Council has set an objective to finalise all the child abduction cases that had been initiated before 31-12-2020. In addition, they are also promoting training, also with the assistance of the HCCH Regional Office.

The Commission will continue to monitor the situation in Brazil.

• [1] Hague Conference on Private International Law.