Child Abduction in Portugal

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How clients rate our Child Abduction Service...

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Joanne, really took the time to explain the process and the best way to fulfill our requests. She was very good at communicating timelines and what was to be expected. She worked quickly to make sure we completed our process.
Flavia Krause
Flavia Krause
28 Mar 2024

Service Details

Child Abduction

This service is available across Portugal

Who Is This Service For?

  • For parents having to go through the terrible experience of a child abduction in Portugal - often at the hands of the non-custodial parent - and who are seeking urgent legal assistance, this service is essential in order to manage the complexities of Portuguese family law and international child abduction agreements.
  • It is especially relevant for parents mired in international custody disputes or concerned about the potential parental abduction of their child.
Who Is This Service For?

Useful Information

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.
Useful Information

Process: Step by Step

  1. Initial Consultation: Understand the client's situation and provide a preliminary assessment.
  2. Legal Strategy: Create a strategy that incorporates national and international legal frameworks, including The Hague Convention on the Civil Aspects of International Child Abduction, if applicable.
  3. Judicial Proceedings: Initiate legal proceedings in Portugal for the return of the child, and represent the client in all required legal actions.
  4. Collaboration: Work with local and international law enforcement agencies to locate and ensure the safe return of the child.
  5. Support and Guidance: Offer emotional support and guidance throughout the process.
Process: Step by Step

Advantages of this Service

  • Expertise in Portuguese and International Law: Specialised knowledge in handling child abduction cases under Portuguese law and international treaties.
  • Comprehensive Legal Support: Offering emotional and legal support throughout the process.
  • Focus on Child Welfare: Prioritising the child's best interests in all legal proceedings.
Advantages of this Service

Components of this Service

  • In-depth legal consultations and case analysis.
  • Assistance in both local and international child abduction cases.
  • Support in navigating the Hague Convention and other international legal frameworks.
  • Continuous support and communication throughout your case.
Components of this Service

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

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