Hague Convention.pdf

Portugal's responses to the questionnaire on the practical operation of the 1980 Convention on the Civil Aspects of International Child Abduction are as follows:

Recent Developments:

No significant developments in legislation or procedural rules since the 2011/2012 Special Commission.
A significant decision was made in a case where the Portuguese court decided not to order the return of children to the requesting state, citing the best interests of the child (Article 1(b) of the Convention).
No other significant developments have been reported.

Issues of Compliance:

Challenges have been encountered with some States Parties, particularly in South and Central America, regarding lack of timely responses and expensive costs due to the need for legal representation.
Situations have arisen where the 1980 Convention has been avoided or evaded, including long delays in issuing decisions and non-enforcement of return orders.

Practical Operation of the 1980 Convention:

The Portuguese Central Authority has experienced challenges in communicating with other Central Authorities, particularly in Honduras and Venezuela.
Difficulties have been encountered in obtaining legal aid in the United States and enforcing return decisions in Venezuela.
The Central Authority has struggled to comply with the 6-week timeframe established in Article 11.
No delays have been reported in proceedings due to the provision of legal aid, as parties are not required to be represented by a lawyer in Portugal.
Challenges have been encountered in locating children, and the Central Authority has cooperated with the police to overcome these challenges.
* The Central Authority has worked with external agencies, such as the Judicial Police, to discover the whereabouts of wrongfully removed or retained children.