When Does the Hague Convention Yield to Child Protection Concerns?

A recent decision of the Brazilian Supreme Federal Court (STF) highlights the ongoing tension between the objectives of the Hague Convention on the Civil Aspects of International Child Abduction and the need to protect children and parents from domestic violence.

Justice Cármen Lúcia granted an interim injunction suspending a Federal Court decision that had ordered the immediate return of a child to the United Kingdom under the Hague Convention.

Background: Hague Convention Proceedings Between Brazil and the United Kingdom

The matter concerns a child born in London in 2019 to an Italian father and an Italian-Brazilian mother.

In August 2025, the mother travelled to Brazil with the child for what was initially intended to be a holiday. Following her arrival, she informed the father that she intended to remain in Brazil with the child.

After the father objected to the relocation, proceedings were commenced seeking the child’s return to the United Kingdom pursuant to the Hague Convention, which generally aims to ensure the prompt return of children wrongfully removed from their country of habitual residence.

Domestic Violence Allegations Raised in Hague Convention Proceedings

The mother alleged that she and the child had been subjected to physical, psychological and verbal violence by the father.

She also relied on material produced during parenting proceedings in England which reportedly contained indications of domestic violence and evidence that the child had been exposed to conflict and tension within the household.

The Brazilian Supreme Court Decision

Justice Cármen Lúcia determined that before enforcing the return order, it was necessary to undertake a more detailed examination of the alleged risks facing the child and the domestic violence allegations raised by the mother.

As a result, the return order was temporarily suspended pending further consideration of those issues.

Hague Convention and Domestic Violence: Why This Decision Matters

The Hague Convention is designed to discourage international child abduction and generally requires the prompt return of children to their country of habitual residence. However, the Convention also recognises limited exceptions where returning a child may expose them to a grave risk of physical or psychological harm or otherwise place them in an intolerable situation.

This decision serves as a reminder that allegations of family violence cannot be treated as a secondary issue in Hague Convention proceedings. Courts must carefully balance the objectives of international child abduction laws with the paramount need to protect children from potential harm.

While the final outcome of the proceedings remains to be determined, the decision reflects a growing judicial focus on ensuring that allegations of domestic violence are properly investigated before a child is ordered to return to another jurisdiction.

Key Takeaway: Hague Convention Cases Involving Family Violence

The case demonstrates that, although the Hague Convention strongly favours the return of children to their country of habitual residence, courts may intervene where credible evidence suggests that a return could expose a child or parent to family violence or other serious risks.

Each case will ultimately turn on its own facts, with courts required to balance international obligations against the fundamental need to safeguard the welfare and best interests of the child.

This article is intended as general information only and does not constitute legal advice.

Author: Kelen Chambers, Solicitor Reid Legal Group.