STJ formalizes conciliation on guard smaller Canadian, son of Brazilian http://www.stj.jus.br/portal_stj/publicacao/engine.wsp?tmp.area=398&tmp.texto=97443The Superior Court of Justice (STJ) formalized this Thursday (27), reconciliation between the parents of a child born in Canada, the son of a Brazilian mother and Canadian father, a share of search and seizure of the child, now seven years old. The mother brought her to Brazil, in 2004, without the consent of the father. A conciliation hearing held by Judge Paul called Furtado, Third Class, resulted in an interim agreement under which the lowest return to live in Canada with his mother, from March 2011 with all expenses paid by the father. Before that, however, will travel to spend the school holidays there.
Under the agreement, suspended the application under consideration in the STJ over the case. The Third Chamber of the Superior Court was responsible for considering special appeal filed by the mother, whose goal was to change the decision in the records of the action that had been filed by the Union The Union's objective was to deliver the lowest responsible authority in Canada, based on Convention on Civil Aspects of International Child Abduction (Decree 3.413/2000) - Hague Convention.
According to the judge, conciliation was signed "the best way to guarantee the welfare of the child" and thus the Hague Convention will be fulfilled. The judge explained also that the arrangement is temporary because the decision may be reviewed by the Canadian Justice when the mother returns there, which is unlikely to happen, since the parents have already entered into an agreement.
Custody of the child
The story surrounding the case was initiated when the boy's mother went to live there and maintained a relationship with a Canadian. After separation of the couple, the child lived with her mother, but not regulated spouses, before Justice Canada, issues concerning the custody of the child. Until, in 2004, the mother, possession of a permit from the father of the child to travel only to the United States, changed the route and flew to Brazil, where he has lived since.
In Brazil, the Union filed the complaint for search and seizure of the child - which was upheld. That's when the mother appealed to the Federal Regional Court of the 2nd Region, which confirmed the sentence, denying dismiss the appeal. Bitter, the mother filed a special appeal to the STJ.
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