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NJ Man With Legal Custody of Son Can?t Get Brazilian Stepfather to Honor Court Orders Under Hague Convention to Which Brazil is Party

By Janet Langjahr

Brazilian Wife and New Jersey Husband have a Son in US and raise him in US for four years.

Then Wife takes Son to Brazil for a visit.

And doesn’t return.

Wife remarries in Brazil - without ever divorcing Husband.

More recently, Wife dies while still in Brazil.

Now Son is with his Stepfather.

And Stepfather is refusing to comply with court orders granting Husband access to Son.

It’s been four years since Husband has seen his Son.

Brazil is a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Yet, even though Brazilian officials acknowledge that Husband has legal custody of Son, in fact, Husband can’t even see Son.

The State Department has reportedly expressed the opinion that Brazil frequently does not comply with the Hague Convention, despite being a party to it - and favors Brazilians and mothers in custody battles.

Read more in this ABC 7 Eyewitness News article: Dad’s Brazilian custody battle intensifies.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on December 31, 2008 (boomark / email).