This case arises under the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”). The Petitioner is the father of a minor child and is seeking the return of the child to Brazil. The Respondent, the mother of the child, is the party seeking representation. The mother and child currently reside in Broward County, Florida. The mother and father are divorced and share custody of the minor child. After the divorce, the mother moved to the United States from Brazil and the child remained in Brazil, living with the father. In December 2024, the mother and father agreed the child could visit the mother in the United States and that the child would return to Brazil on February 3, 2025. In January 2025, the mother informed the father that the child would not be returning to Brazil. The father seeks to enforce his custody rights under the Hague Convention and the International Child Abduction Remedies Act, 22 U.S.C. § 9003(d).

The mother had retained counsel and he entered an answer on her behalf. Retained counsel has now withdrawn. The answer asserts that the Hague Convention does not apply because the father never had custody rights, only visitation rights. The answer also raises defenses under the Hague Convention: the mature child objection, grave risk of harm, consent/acquiescence, and fundamental rights. Currently, the final evidentiary hearing is set for January 26, 2026. Cases falling under the Hague Convention do not relitigate custody rights; they enforce the custody orders of the foreign court.

If interested, please refer to the Court’s website at https://www.flsd.uscourts.gov/volunteer-opportunities-and-pro-bono-assistance, specifically the information on how to Volunteer to Represent a Client For a Specific Case. Any questions, please email FLSD_ProBono@flsd.uscourts.gov