Lawyer Joana Moreira Magalhães was interviewed by 24 Notícias/SAPO as part of a report dedicated to the phenomenon of international parental child abduction.
The report addressed the legal challenges associated with the wrongful removal or retention of children abroad, in a context in which the increasing international mobility of families has contributed to the growing complexity of cross-border parental disputes.
During her intervention, Joana Moreira Magalhães highlighted the need to review and clarify the current legal framework governing the departure of minors from national territory, drawing attention to the practical difficulties arising from the automatic application of the presumption of consent between parents.
The lawyer further emphasised that many individuals remain unaware of the legal mechanisms available to prevent situations of parental child abduction, namely the possibility of applying to the court for an order prohibiting the child’s departure from national territory where there is a concrete risk of wrongful removal.
The discussion also addressed the urgent protective mechanisms available in such situations, including international cooperation mechanisms, the intervention of border authorities and interim measures aimed at preventing the child’s unauthorised departure.
The report further explored the application of the Hague Convention, conflicts of jurisdiction between different countries, the slowness of international mechanisms and the emotional impact of these situations on children and their families.
