Just posted to STJ "Mais Noticias" site: http://www.stj.jus.br/portal_stj/publicacao/engine.wsp?tmp.area=398&tmp.texto=97348Conciliation hearing will attempt to define the future of Canadian children brought to Brazil in default of the father
21/05/2010 - 8:33 a.m.
The judge summoned Paulo Furtado performs on next Monday (24), 15h,
conciliation hearing between the parties to try to define the future of a Canadian child of seven years of age brought to Brazil by his mother without the father's consent. The appeal, under consideration at the Third Chamber of the Superior Court of Justice (STJ), intends to change the decision on the case of search and seizure action filed by the Union, aiming to deliver the child to the responsible authority in Canada, based on the Convention on Civil Aspects of International Child Abduction (Decree 3.413/2000).
According to information of the case, the mother brought her son to Brazil in default of the father and finally settled in Rio de Janeiro. The mother continued relationship with Canadian citizen, where he resided. After separation of the couple, the child lived with her mother and has not regulated the spouses before the Canadian justice issues relating to the custody of the child.
In 2004, the mother, possession of authorization from the father of the child to travel only to the United States, changed the route and flew to Brazil where he lives, since then, with his son. From this fact, the father joined the Canadian Justice based in the Hague Convention and obtained custody of the child.
In Brazil, the Union filed a lawsuit search and seizure of the child - which was upheld - and determines the child's return to Canada and also prohibited the withdrawal of the smallest territorial limits of the Judicial Section of Rio de Janeiro, the mother, without prior judicial authorization, to the res judicata of the process.
Bitter, the defense of the child's mother appealed to the Federal Regional Court of the Region 2 (TRF2), which upheld the verdict, denying dismiss the appeal. According to the decision of TRF2, one of the objectives of the Convention on Hijacking "is curbing the illegal movement of children and allow for quick return to their country of habitual residence before the abduction, where it should be appreciated the merits of custody."