Stéfanie Luz, Associate Lawyer and team leader of Caiado Guerreiro’s Family and Successions Department, went to Hamburg, Germany, for the judicial delivery of a Minor under the 1980 Hague Convention.
Upon proving that the child’s habitual residence is in Portugal and the non-existence of physical or psychological danger in our country, the German Court determined her return.
The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction seeks to ensure the prompt return of children wrongfully removed to any Member State.
The removal of a child from one Member State to another without the consent of one of the holders constitutes abduction under Council Regulation (EC) No 2201/2003 of 27 November 2003, which provides that the Court must adopt emergency procedures with a view to its return.
This Regulation aims to discourage the abduction of minors by their parents between the Member States and, should this occur, to ensure their swift return to their country of origin.
« I am very proud of the work of the Caiado Guerreiro team and Stéfanie Luz in a difficult case and in a jurisdiction that is not ours. But, like so many others over the decades, this case shows how the focus on our clients, in a very close relationship, added to work of great quality, guarantees good results, » said João Caiado Guerreiro, managing partner of the firm.