How to move abroad with children: what Brazilian law says
Updated: Oct 8
Moving abroad with minor children requires the consent of both parents or, failing that, court authorization. When the father, the mother and the children move to another country together, no authorization between the parents is needed, since both have already consented. The situation calls for legal attention when only one parent intends to move abroad with the child.
In this guide, you will learn:
What Brazilian law says about moving abroad with children
Under Brazilian law, moving abroad with minor children requires the consent of both parents.
The same rule applies when the child lives exclusively with one parent, when the other parent plays little (or no) part in the child's daily life, and even in cases of sole custody. This is because awarding custody to one parent does not extinguish the other parent's parental authority (poder familiar). Sole custody therefore does not, in itself, allow the child to be taken to live permanently in another country.
This conclusion derives mainly from the combination of two articles of the Brazilian Civil Code, Article 1,632 and Article 1,634, item V, quoted below:
Art. 1,632. Judicial separation, divorce and the dissolution of a stable union do not alter the relationship between parents and children, except as regards the parents' right to have the children in their company.
Art. 1,634. Both parents, regardless of their marital status, are entitled to the full exercise of parental authority, which consists, with respect to their children, of: (...) V. granting or refusing them consent to change their permanent residence to another municipality.
If the law requires both parents' consent even for a move to another city, the requirement applies with even greater force to a move to another country.
When the other parent agrees: how to formalize the move
An agreement between the parents is the fastest, least costly and least stressful path, for both the parents and the child. However, verbal consent or an exchange of messages is not enough. The agreement must be comprehensive and legally secure in both countries.
A travel authorization is not a relocation authorization!
This is one of the most common and most dangerous misconceptions. Many parents believe that the International Travel Authorization for minors, the standard form presented to Brazil's Federal Police, is equivalent to consent to establish the child's residence abroad.
It is not.
The purpose of a travel authorization is to allow a child or adolescent to leave Brazil, accompanied by one parent or by third parties, for a short period of time, such as for holidays or an exchange program. It does not authorize the child to reside permanently in another country.
This distinction is especially important because a parent who uses a temporary travel authorization and then remains abroad with the child may have that conduct characterized as wrongful retention under the Hague Convention on the Civil Aspects of International Child Abduction, as well as an act of parental alienation under Brazilian Law 12,318/2010.
To understand how a return application works, what the time limits are and when return may be refused, read the article: International child abduction: a complete guide to the Hague Convention
Furthermore, merely holding a travel authorization may make it difficult to fully exercise custodial rights in the destination country, in matters such as school enrollment, medical care and the child's immigration status. It is the court-approved agreement that provides legal certainty in the destination country.
So, what is required for the move? To establish the child’s residence abroad, two separate authorizations should be obtained: the International Travel Authorization, which allows the child to travel and is presented to the Federal Police when leaving Brazil; and the authorization to establish residence abroad, formalized through an agreement prepared with the assistance of lawyers and submitted for court approval, providing greater legal certainty both in Brazil and in the destination country.
What a good relocation agreement should include
Residence: the country and, if possible, the city where the child will live, with an express statement that the move is permanent.
Custody: whether it will be joint or sole, and how major decisions about schooling, health and religion will be made.
Parenting time with the parent who stays in Brazil: school holidays, special occasions, video calls at a set frequency and the possibility of visits in the destination country.
Travel costs: who pays for the child's airfare and, when necessary, for an accompanying adult.
Child support: amount, currency, method of payment, exchange-rate conversion criteria and adjustment index.
Documents: authorization to issue and renew the passport, school enrollment and medical care abroad.
Review: what happens if the family returns to Brazil or moves again.
Court approval of the agreement
In Brazil, matters involving the custody and parenting time of minor children are, as a rule, brought before the courts, with the participation of the Public Prosecutor’s Office (Ministério Público). Court approval makes the agreement legally enforceable and unequivocally documents that the move was consented to, thereby providing greater legal certainty.
This record protects both sides. It protects the parent who moves, because it reduces the risk of future allegations of wrongful retention of the child abroad and of parental alienation. And it protects the parent who stays, because the parenting time arrangement becomes judicially enforceable, both in the child's country of origin and in the destination country, once the Brazilian decision is recognized by the local authorities.
Quando o outro genitor não concorda: a autorização judicial
If the parents cannot reach an agreement, the parent who intends to move must ask the court to authorize the move in place of the other parent's consent. In Brazil, this claim is usually called an action for judicial supply of consent (ação de suprimento de consentimento) or an action for authorization to change the child's domicile. In practice, it is combined with claims regarding custody, parenting time and child support, because the move affects all of these matters.
What the judge usually considers
There is no automatic answer. The decision is made case by case, based on the best interests of the child rather than the interests of either parent. The factors usually examined are:
The reason for the move and how concrete it is: a formal job offer, a new marriage, a family support network at the destination, a scholarship.
Conditions in the destination country: housing, school, health insurance, safety and adaptation to the language.
The child's bond with each parent: who takes part in the child's routine, who provides day-to-day care and the quality of the relationship with the parent who stays.
The feasibility of the parenting plan: whether the proposed holidays, visits and virtual contact are realistic, and who will bear the costs.
The child's age and views: depending on maturity, the child may be heard, with the support of the court's technical team.
The good faith of the relocating parent: whether the move has a legitimate reason or appears to be a way of distancing the child from the other parent.
How to prepare the application
A well-prepared application usually includes:
an employment contract or job offer letter, or other proof of the reason for the move;
proof of housing, school enrollment and health insurance at the destination;
a detailed parenting time proposal between the child and the parent who stays in Brazil, with a calendar and cost-sharing;
documents on the family's immigration status in the destination country.
How long does it take?
There is no fixed timeframe. The duration depends on the complexity of the case. Although an urgent decision may be requested, judges tend to be cautious about allowing an international relocation before the final ruling, precisely because the situation is difficult to reverse once the child has moved. For this reason, it is best to start the process well in advance of the intended moving date.
What to do when it is the other parent who wants to take the child abroad?
If you have been told that your child's father or mother intends to move abroad with the child, you are not obliged to agree. But an unfounded refusal, or simply remaining silent, does not resolve the situation either. The other parent may seek court authorization and, if the judge finds that the move serves the best interests of the child, it may be authorized even against your wishes.
Therefore, if there is no reasonable ground to oppose the child's move, the most effective approach is usually to take an active part in the discussion and set reasonable conditions for the move. Some useful steps:
Do not sign authorizations in a hurry: a broadly worded authorization may be used to facilitate a relocation arrangement you did not approve.
Gather evidence of your bond with the child: involvement in school life, health care, regular contact and expenses you cover.
Assess whether there is a real risk of departure without authorization: if so, you may ask the judge for preventive measures, such as retaining the child's passport or prohibiting the child from leaving the country.
If the child has already been taken or has not returned from a trip, act quickly: the one-year period under the Hague Convention on the Civil Aspects of International Child Abduction makes all the difference to the outcome of the return application.
To learn more about the importance of the Hague Convention time limit, see also the article International child abduction: a complete guide to the Hague Convention.
Frequently asked questions
I have sole custody. Do I need the father's consent to live abroad with my child?
Yes. Sole custody determines who the child lives with, but it does not remove the other parent's parental authority. Both parents' consent is still required for a change of permanent residence. Without it, court authorization is needed.
The father never pays child support or visits the child. Do I still need his consent?
As a rule, yes, as long as he retains parental authority. However, his lack of involvement is a relevant fact that can be demonstrated in the application for court authorization.
Can a travel authorization with a notarized signature be used to move abroad??
No. A travel authorization is meant for temporary trips. Using it to establish residence abroad may constitute wrongful retention of the child under the Hague Convention.
How long does a court action to authorize a move abroad take?
There is no fixed timeframe. It depends on the complexity of the case, whether a psychosocial assessment is ordered and the family court's caseload. It is advisable to start the process well before the intended moving date.
Can the child choose whether to move?
The child's views may be heard and taken into account according to his or her age and maturity. The child does not decide alone, but those views are one of the factors the judge considers.
Is it possible to keep joint custody while living in different countries?
Yes. Joint custody concerns decisions about the child's life, not an equal division of time. When the move takes place, the child's base country of residence is defined, together with a parenting time arrangement adapted to the distance.
I live abroad and want to return to Brazil with my child. Are the rules the same?
It is not possible to say without an assessment of the local legislation, but the reasoning tends to be similar in Western countries and/or in countries where men and women have equal rights in family law matters.
Can I request the relocation and a review of child support in the same proceedings?
As a rule, the requests for authorization to relocate, for parenting time arrangements and for a review of child support can be handled in a coordinated way, precisely because the move affects all of these matters. The appropriate procedural strategy, however, depends on the specific case.
Conclusion
Moving abroad with a child is legally possible, provided that both parents consent or a court authorizes it. If the parents agree, the path is to formalize a comprehensive agreement and have it approved by the court, while also checking its effectiveness in the destination country. If they do not agree, the decision will be made by the judge, who will examine the best interests of the child in light of the evidence presented.
Every family has its own circumstances, and the analysis involves Brazilian law, international treaties and the law of the destination country. Individualized legal advice, sought in advance from a lawyer specializing in international law, makes it possible to assess the most appropriate path for your case.
This content is for informational purposes only and does not replace individualized legal advice.
About the author
Laís Sampaio
Brazilian Lawyer - OAB/PB 24.116
Master’s Degree in International Legal Sciences, University of Lisbon
Specialist in International Legal Practice, PUC
International Family Law and Immigration Law
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