Number of Complaints against Brazilians who "Take Off" with Kids Grows

08/04/2014 - 08h04

He accuses his ex-wife of going to Brazil on holiday and never bringing their kids back to Argentina, where the family lived. She maintains that the father abandoned the kids in Rio when he went back to Buenos Aires alone. He says he cries every time he thinks of how much time he's been away from his children. She gets angry and threatens to sue anyone who publishes details of this story.

The dispute between Franco-Argentine Alejandro Estève and Brazilian Hilana Lannes has accusations on both sides and has been dragged through Brazilian courts for 11 years, and with no end in sight. Her name ended up on the Interpol wanted list. The case turned into a complaint against Brazil in the International Court of Human Rights because of its delay in finding justice.

When the fight first started, the couple's eldest son was four years old, and the youngest, just five months. They've seen their father very few times since 2003. The last time was in December, after nine years, because of a decision made by the Supreme Court (STJ).

Today they are teenagers and protagonists of a story symbolic of the slowness of the justice system and the difficulties Brazil has in complying with rules imposed by an international treaty to which it is a signatory.

The name given to such cases is striking: international child abduction. The statistics are also impressive.

The number of Brazilians who take their own children without the consent of their husband or wife increased 26% in the first half of the year. At the end of 2013, there were 193 ongoing cases. Until June of this year, there were 243 requests for international cooperation.

New cases arrive every week, but most remain open more than a year without reaching a solution. They await a final court decision about what should be the fate of the child, like the story of Alejandro and Hilana.

About 85% of the cases relate to requests for returns, to Brazil or abroad. The rest address arrangements for visitation. Mothers are the ones who disappear with their children the most. Data are from the Secretariat of Human Rights of the Presidency.

Portugal and Italy lead the ranking of countries reporting international abduction of minors to Brazil. The Hague Convention is clear: the place for discussion of custody is where the children lived before being moved.

Translated by JILL LANGLOIS