Brazil's Legacy of International Parental Child Abduction: Mediation Under the Hague Abduction Convention as a Solution

Authors

Paula Shulman, Benjamin N. Cardozo School of Law

Abstract

This Note argues that Brazil's failures to comply with the commands of the Hague Convention, to expeditiously return children abducted by a parent from their habitual residence to Brazil, can be remedied with the adoption of a new mediation model in lieu of its current system. This new mediation protocol can be modeled on those adopted in the United Kingdom and Germany. Section II of this Note provides a history of IPCA and an analysis of the problems unresolved or springing from the Hague Convention. Section III examines Brazil's accession to the Hague Convention, the Brazilian Central Authority, the body created for the purposes of complying with the Hague Convention, and Brazil's failures to comply with the Hague Convention. Section IV addresses the current form and role of mediation within the Brazilian Central Authority and the larger Brazilian legal system as it relates to the Hague Convention, the role of mediation within the framework of the Hague Convention, and the various ways in which Contracting States have implemented mediation. Section V proposes a new mediation model for Brazil based on the pilot programs of the United Kingdom and Germany.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | International Law | Law

Recommended Citation

Paula Shulman, Brazil's Legacy of International Parental Child Abduction: Mediation Under the Hague Abduction Convention as a Solution, 16 Cardozo J. Conflict Resol. 237 (2014).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss1/10