International Child Abduction: How to Use the Hague Convention to Bring Your Child Back (Brazil to the US)

By: Norka M. Schell, Esq. | May 30, 2026

If your child traveled from Brazil to the United States for a “temporary visit” and the other parent refuses to return them, you are not just facing a family disagreement—you are dealing with international child abduction. Here is what you need to know to get your child back.

Imagine this: You agree to let your child travel from Brazil to New York to visit family or take a short vacation. You have the round-trip tickets booked, and everything seems fine. But then, you get the call. Your ex has changed their mind, decided to stay in the United States, and is refusing to send your child home.

Panic sets in. You might think your first step is to file a custody petition in a local US family court. That is the biggest mistake you can make.

As a trilingual attorney licensed in both the United States and Brazil, I regularly see parents lose precious time fighting in the wrong courts. If your child has been wrongfully kept in the US, local family courts do not have the power to help you. Instead, you need a powerful federal strategy: The Hague Convention.

Here is exactly how this international law works and the strategy we use in Federal Court to compel the immediate return of abducted children.

What is the “Temporary Visit” Trap?

Most international child abductions do not happen in the dead of night. They start with legal travel—a B-2 tourist visa and a promise to return.

Under international law, keeping a child in a foreign country past the agreed-upon date without the other parent’s consent is called wrongful retention. Even if the other parent claims they are just “staying in New York for a better life,” the law treats this as child abduction. (Quote from Ronald kauffman).

What is the Hague Convention?

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty signed by both the United States and Brazil. Its primary rule is simple: Custody battles must be decided in the child’s home country. When we file a Hague Convention petition in US Federal Court, we are not asking the American judge to decide who is the “better parent.” We are asking the judge to rule on jurisdiction. If we can prove your child’s home is Brazil, the federal judge will order the child to be sent back on the next plane, leaving the actual custody fight to the Brazilian courts.

The 3-Step Strategy to Win in Federal Court

When I represent left-behind parents, we build an aggressive, fact-based case around three pillars:

1. Proving “Habitual Residence”

We must prove that before the trip, Brazil was the center of your child’s world. We do this by presenting translated Brazilian school records, pediatric medical files, and proof of their day-to-day routine, establishing Brazil as their exclusive legal “home state.”

2. Proving Lack of Consent

We must prove you never agreed to a permanent move. We will use the original round-trip flight itineraries, the conditions of the temporary US tourist visa, and any WhatsApp messages or emails where you demanded the child’s return.

3. Beating the Clock (The 1-Year Rule)

Time is your absolute worst enemy. Under the Hague Convention, if you wait more than one year from the date of the wrongful retention to file your federal petition, the abducting parent can argue that the child is now “well-settled” in the US. If the court agrees, they may refuse to send the child back. You must act immediately.

Why You Need a Dual-Licensed Attorney

International abduction cases are not standard family law. They require navigating complex treaties, federal court rules of evidence, and cross-cultural communication.

Because I am licensed to practice law in both the United States and Brazil—and speak English, Portuguese, and Spanish—my firm does not need to rely on outside translators or foreign co-counsel to understand the nuances of your Brazilian documents or the American legal system. We bridge the gap, ensuring your case is presented flawlessly to the federal judge.

Take Action Today

If your child has been wrongfully retained in the United States, do not wait for the local courts to figure it out. You need an aggressive federal strategy right now.

Contact our office today to schedule a confidential consultation. We will review your case, explain your rights under the Hague Convention, and build a strategy to bring your child home.

Hablamos Español. Falamos Português.

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Frequently Asked Questions: The Hague Convention & Cross-Border Abduction

1. Does it matter that my child entered the United States legally on a tourist visa?

No, it does not matter. Many parents mistakenly believe that because they agreed to a temporary visit and the child traveled on a valid visa (such as a B-2), it is not legally considered abduction. Under the Hague Convention, this is called wrongful retention. The abduction occurred the moment the other parent refused to return the child at the end of the agreed-upon visitation period.

Do I need a formal custody order from a Brazilian court before I can file a Hague petition in the US?

No, you do not need a pre-existing court order. The Hague Convention protects “rights of custody,” which can arise simply by operation of law in your home country. For example, under Brazilian law, biological parents generally share joint parental authority (poder familiar). As long as you were exercising those rights before the child traveled, you have the legal standing to file a petition in US Federal Court.

What if my ex files for custody in a New York state court before I can file my federal case?

This is a common, high-pressure tactic used by abducting parents. They attempt to use the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in state court to legitimize their actions. However, under the Hague Convention, once we file your federal petition, the state family court is legally required to pause all custody proceedings until the federal judge decides on the international abduction issue. We use the federal treaty to override their state court strategy.

My ex claims the child is better off in the US because the schools are better and it is safer. Will the US judge agree with them?

This is the most common defense used by abducting parents, and it is usually entirely irrelevant in a Hague Convention case. A Hague proceeding is not a custody trial. The federal judge is not permitted to decide which country has better schools or a higher standard of living. The only question the judge must answer is: Where was this child’s habitual residence before the trip? If the answer is Brazil, the child must be returned. (There is a very narrow exception for “grave risk of physical or psychological harm,” but a general preference for US living conditions does not qualify).

How long do I have to file my case?

You must act as quickly as possible. The Hague Convention contains a strict one-year rule. If you wait more than one year from the exact date your ex wrongfully retained the child, they can argue to the judge that the child is now “well-settled” in the United States. If the court agrees, they may deny the return of the child. Do not wait for local family courts to figure it out—the clock is ticking.

Why should I hire a dual-licensed attorney instead of a standard US family lawyer?

Standard US family lawyers usually do not litigate in Federal Court, nor are they familiar with international treaties. Furthermore, they will have to rely heavily on paid translators or foreign co-counsel to understand your Brazilian documents, legal rights, and communications. Because I am licensed in both the US and Brazil, and fluent in English, Portuguese, and Spanish, I cut out the middleman. We can build your case faster, present your evidence to the federal judge accurately, and avoid costly translation misunderstandings.

“Time is working against you. Click here to schedule an emergency consultation with our bilingual legal team today.”