Parental Abduction of Child in Portugal

This legal service is intended for parents or legal guardians who are facing a situation in which their child has been taken or retained in violation of their custody rights, either within Portugal or across international borders. It is particularly relevant for:

• Non-Portuguese parents whose child has been unlawfully brought to or retained in Portugal.
• Parents residing in Portugal whose child has been taken abroad without consent.
• Parents in cases of separation or divorce where one parent unilaterally removes the child from the shared residence or from the country, against court orders or without legal authority.

Whether you are a foreign national or a Portuguese citizen, if your child has been taken from your lawful custody, this service will assist in initiating legal proceedings to ensure the child's return and the enforcement of your custodial rights.

Laws in Portugal that are relevant in matters of child abduction, including cases of parental abduction of a child:

1. Criminal Code (Código Penal):
   1. Article 249 (Kidnapping and hostage-taking): Although not exclusively about children, this article can apply to child abduction cases. It penalizes the act of kidnapping someone to demand something as a condition for their release.
   2. Article 158 (Aggravated Kidnapping): This article could be relevant if the abduction involves violence or threats of violence, and it can apply more severely if the victim is particularly vulnerable, such as a child.
   3. Articles related to sexual offenses: Depending on the circumstances surrounding the abduction, various articles under the Sexual Offenses section could also apply, especially if the abduction involves sexual exploitation.
2. Civil Code (Código Civil):
   1. Parental Responsibilities (Articles 1877-1920): These sections regulate the rights and responsibilities of parents towards their children, including custody issues. While not criminal provisions, they are critical in cases of parental abduction, as they outline the legal framework for custody and parental rights.
3. Law of International Child Abduction:
   1. Hague Convention on the Civil Aspects of International Child Abduction: Portugal is a signatory to this international treaty, which seeks to protect children from international abduction by a parent or guardian. It provides a process through which a child can be quickly returned to their home country, and the legal standards applied are primarily civil rather than criminal.
4. Law No. 104/2009 - Legal Regime on the Exit, Entry, Stay, and Removal of Foreigners from National Territory: Although this law primarily concerns immigration and border control, certain provisions can apply to international child abduction, especially regarding the illegal removal or retention of children across borders.

Our lawyers provide comprehensive legal assistance in resolving cases of parental child abduction under both Portuguese domestic law and applicable international conventions.

1. Initial Assessment: We evaluate your specific situation, verifying custody documentation, timelines, and jurisdiction.

2. Emergency Legal Measures: If applicable, we request urgent interim court orders to locate and protect the child within Portugal.

3. Filing Civil and/or Criminal Proceedings: We initiate civil action to demand the return of the child and, where applicable, criminal proceedings under Article 249 of the Portuguese Penal Code.

4. International Cooperation: For cross-border cases, we work directly with the Portuguese Central Authority under the Hague Convention to coordinate with foreign authorities for the return of the child.

5. Court Representation: Our legal team represents you in all necessary court proceedings, including custody enforcement, appeals, and international return orders.

6. Follow-up and Enforcement: Once a court order is obtained, we assist with its enforcement through the appropriate judicial or administrative channels, including coordination with local police where required.

• Expert Legal Guidance: You will have access to an experienced Portuguese lawyer fluent in English and fully versed in family law and international child abduction conventions.

• Swift Legal Action: We prioritize urgent court measures to prevent the child from being hidden, moved, or taken further abroad.

• International Expertise: Our lawyers are experienced in handling Hague Convention cases and working with international authorities and embassies.

• Holistic Strategy: Whether civil or criminal proceedings are required, or both, we provide an integrated strategy to recover the child as quickly and safely as possible.

• Personalized Attention: Every case is unique — we adapt our legal strategy to the particular family, legal, and jurisdictional context involved.

• Legal assessment of custody rights and evidence review

• Drafting and submission of emergency legal measures in court

• Filing of civil proceedings for return of the child

• Filing of criminal complaints where applicable

• Representation before Portuguese family courts

• Coordination with the Portuguese Central Authority in Hague Convention cases

• Liaising with police, child protection services, and embassies if required

• Ongoing updates and communication throughout the process