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Lilly1980
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Quote Lilly1980 Replybullet Topic: what happens to children when you get divorced
    Posted: 15 April 2012 at 10:06
Dear all,

I have a question. I am a woman from Holland, about to get married to a Brazilian man. I know this may seem a little weird ... but I'm only looking for information. Say, we get married, have children and all ... what would happen to the children if we would get divorced for some reason and I want to go back to my home country ???

Thanks!
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sven
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Quote sven Replybullet Posted: 15 April 2012 at 10:39
You'll need the authorisation of the father to take the children back to the netherlands, and allow ample oportunity for him to see the children, including sending them here for vsits during the holidays.
The fathers authorisation can be supplied by a judge if he denies authorsation for futile reasons.
Taking the kids to the netherlands without proper authorisation, or retaining them without such authorisation (holidays but never go back) would result in a dutch judge sending the kids back to Brazil where they had their usual residence based on the 1980 treaty of The Hague.
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Quote praia gato Replybullet Posted: 15 April 2012 at 15:08

Don't have children.

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man of leisure
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Quote man of leisure Replybullet Posted: 15 April 2012 at 15:26
Originally posted by sven

You'll need the authorisation of the father to take the children back to the netherlands

and that applies equally to overseas travel even if you are still happily married! I'm happily married in a strong relationship and am taking my kids to London next week while my wife fies to SP on business. However, I still need her written permission (stamped by the PF) to take my kids out of Brazil as she is not accompanying them. Basically, both parents need to be travelling with the child or give their written consent for the child to travel without their presence.

Basically, if you do divorce and it's not amicable, you will be at his mercy to grant assent for your children to leave Brazil temporarily or permanently.
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sven
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Quote sven Replybullet Posted: 15 April 2012 at 17:09
Originally posted by man of leisure

.

Basically, if you do divorce and it's not amicable, you will be at his mercy to grant assent for your children to leave Brazil temporarily or permanently.


Such permission is normally easily granted by a judge I the person having sole custody provides a good visitation plan.
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frank4000
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Quote frank4000 Replybullet Posted: 15 April 2012 at 18:30
Better to work hard as staying happily married.
Meu Vizinho Jogou um semente no seu quintal
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spongebob
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Quote spongebob Replybullet Posted: 23 April 2012 at 08:02
uhh... I see a potential Sean Goldman case. Google that. Brazil is like a black hole on the face of the planet. A Brazilian can rape and kill people in other countries and then flee to Brazil and they will NOT be extradited.

As in the Sean Goldman case, the mother died and the ex-husband lived in the US. The new husband and grandparents wanted to keep the kid in Brazil against UN Laws. They DID keep him in Brazil for a while, but he was finally sent away/released after some diplomatic and media pressure. So if your future husband wants to keep the kids in Brazil, then you are potentially facing a tough fight.

(Whether or not Sean Goldman would have had a better life in Brazil is debateable since his grandparents were well-off and his American dad just worked odd-jobs).


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Quote praia gato Replybullet Posted: 23 April 2012 at 14:39
Originally posted by Lilly1980

... Say, we get married, have children and all ... what would happen to the children if we would get divorced for some reason and I want to go back to my home country?
 
Sista U be in a World of Hurt ! ! ! !
 
For this exact reason we got so many dummy Xpat men stuck in Brasil. Why any single affluent Xpat man would want Kids is beyone me.  My Old Man used to say, " Son, you can't teach STUPID."  Most guys knoack up their old lady for a Resident Visa, whiich is also very dumb.
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Quote praia gato Replybullet Posted: 23 April 2012 at 14:43
My guess is over 1/2 all Xpat men on this Board have little Munchkins running around. And those Munchkins aint free. These men pay a price for having Kids in Brasil.
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Quote praia gato Replybullet Posted: 23 April 2012 at 14:46
I've met hundreds of men who came to Brasil with no kids, money in the bank and life by the balls ..... and BAM! The next day that Guy as 3 munckins and a Crazy Brasilian wife making his life a living Hell on Earth! I suppose some men just have a bad case of the dumb ass.
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