The Brazilian Federal Government has officially declared domestic violence an exception to repatriation under the 1980 Hague Convention on International Child Abduction.
According to the Presidential statement, domestic violence can be included in the Article 13b exception considering it is “a grave risk of danger to the child, even if the child is not the direct victim of the violence”.
The document highlights that claimants must provide “proof of domestic violence committed against the parent” and/or the children, which means that allegations only are not enough to prevent repatriation.
In accord with the Ministry of Women’s Affairs, the Government has however demonstrated awareness of the struggles of victims to prove abuse in private situations. Therefore it also states that promptness shall not be a priority to foster “restitution without a reasonable probationary delay when there is suspicion of domestic violence”.