It is an all too familiar feeling for divorced parents when they agree to allow one parent to take their child out of state or out of the country for a trip. Worry and anticipation for their child’s safe return is usually the focus of emotions whenever there is a concern of abduction. As CBS News reports, one Texas father is desperately fighting for his son’s return after being unlawfully kept in Brazil.
The father, a Texas resident is working with an attorney to petition for the safe return of his 6-year-old son after his ex-wife, the boy’s mother, took him to Brazil in 2013 for what he was told was a family wedding. After several months of wonder and concern for his child, the Texas father was told that his son and ex-wife were not coming back to the states.
The father learned that his ex-wife had enrolled their son in school and even got the courts in Brazil to grant her full custody. Since the man’s battle for his son’s return began in 2013 a judge has awarded him visitation which has him flying to Salvador every two months.
Both the Texas court and the federal court of Brazil have stated that the mother has kept their son in Brazil illegally and used malice and fraud to get custody of him. However, Brazil’s court is not demanding the son’s return to Texas because they feel that he is settled into his new life in Brazil.
Under The Hague Convention, child custody is supposed to be decided in the child’s home country and a child taken illegally should be returned home. The father, with the help of his attorney, has petitioned the Brazil court to return the child under protection of The Hague Convention but so far has not had luck.
The State Department shows that there were greater than 1,400 child abduction cases outside the nation last year. Many of these children are taken illegally by family members. For parents concerned with allowing an ex-spouse to take a child out of the state or country, speaking to a trusted family law attorney can help.
Source: CBS News, “Dad battles for custody of son, says ex-wife illegally abducted him,” Nov. 17, 2015