How Can I Get a Child Returned From Brazil?

Full question:

My question is can My ex wife, Brazilian born who took a supposedly for a 2 weeks vacation with my American born son from Florida to Brazil and has not returned, she didn't tell me her intent. Then I found out that she was being hunted by the law after the fact! For something that the police didn't want to disclose to me. I'm supporting my son through child support which I don't mind but I want to have my son back in Miami so that I can rightfully take advantage of my visitation rights here in America! Is their a chance that I as a low income person can get representation in this? Please know that my son and I are so close to each other and he wants to be in my life; I feel bad for him and me that this is all happening. Please help me I have not seen my son in almost three years!!

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: Florida

Answer:

We suggest contacting the Department of State’s Bureau of Consular Affairs, the Office of Children’s Issues at the links below. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child. Interference with custody is a crime governed primarily by state laws, which vary by state, and seeks to protect parental custody against unlawful interruption. It is intended to address long-term interference with child custody rights.

Generally, in order to use the U.S. legal system to return custody of a child to a parent, the parent must reside in the U.S. or there must be a custody order or agreement in place. The U.S. will work with countries who are partners to the 1980 Hague Convention on the Civil Aspects of International Child Abduction to seek the return of an abducted child to a parent remaining in the U.S. Brazil is a member of the Hague a follows:

http://www.hcch.net/index_en.php?act=states.details&sid=27

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been enacted in 48 states and has been introduced in others. Generally, this statute contains both jurisdiction and enforcement provisions that require a state to enforce a custody or visitation order that was issued by the child’s habitual residence. Without a custody order, this law would not apply.

Please see the information at the following links:

http://travel.state.gov/abduction/abduction_580.html
http://travel.state.gov/abduction/about/about_605.html
http://travel.state.gov/abduction/resources/resources_3860.html
http://en.wikipedia.org/wiki/Parental_Kidnapping_Prevention_Act
http://www.ndaa.org/pdf/parental_kidnapping.pdf