What to do when one parent does not authorize the international travel of a minor child in Brazil?

Traveling abroad is a dream for many families, whether for a vacation, to visit relatives, or to provide a cultural exchange for their children. However, when there are minor children, the planning requires special attention: the authorization of both parents.

So, what to do when one parent refuses to sign the travel authorization? This is a more common problem than it seems and can cause major issues for the family.

What does the law say?

According to the Statute of the Child and Adolescent (ECA), in articles 83 and 84, no child or adolescent can travel outside of Brazil unaccompanied by their parents without express authorization from both.

Furthermore, CNJ Resolution No. 131/2011, updated by Resolution No. 295/2019, details the rules for issuing international travel authorizations, reinforcing the need for joint consent from the parents.

This requirement's main objective is to protect the minor, ensuring their safety and safeguarding the exercise of parental authority by both parents.

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When one parent does not authorize the trip

In practice, it is common for disagreements to arise between parents after a divorce or separation. One parent may refuse to authorize the international trip for various reasons:

• Personal conflicts with the ex-spouse;

• Fear that the child will not return to Brazil;

• Disagreements over visitation time;

• Simple retaliation.

  
  

This type of refusal can cause real damage: loss of airline tickets, impossibility of a school exchange, frustrated vacations, and emotional distress for the child.

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What is the appropriate legal action?

When there is no agreement between the parents, the solution is to resort to the Judiciary. The parent who wishes to travel can file a Judicial Authorization Supply Action for International Travel.

The competent court depends on the purpose of the trip:

Family Court: when the trip is temporary (e.g., vacation or exchange with a specific departure and return date).

Juvenile and Youth Court: when the goal is to reside outside the country permanently.

The judge will analyze the request, and if they understand that the trip does not pose risks to the minor, they may replace the authorization of the parent who refuses to sign, ensuring the child can board.

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What documents to present?

To ensure your request is accepted, it's essential to provide documents that prove the trip is serious and safe. You need to include the child's birth certificate, along with a valid identity document or passport. Additionally, attach the round-trip airline tickets, proof of lodging, and, if applicable, a school declaration. Basically, any proof that shows the child's return to Brazil can help the process.

Therefore, one parent's unjustified refusal to authorize international travel cannot prevent the child from exercising their right to leisure, family time, or learning opportunities abroad. The judicial supply of authorization exists precisely to balance the situation, allowing the Judiciary to act when one parent, for personal reasons, jeopardizes the child's best interest.

So, when facing this deadlock, the best course of action is to seek specialized legal guidance and, if necessary, file the appropriate lawsuit to ensure the trip happens smoothly and legally.