Moving to Portugal with Your Children: The Other Parent's Consent

The decision to start a new life in Portugal with your children usually comes from good reasons: work, safety, education, being closer to family. When the parents are separated, or when only one of them is moving, that decision is no longer only for the one who travels. As a rule, a child's move to another country requires the agreement of both parents or a court decision. Understanding this rule before buying the tickets protects the child, protects the bond with the other parent and avoids serious problems on both sides of the Atlantic. In this article we explain the difference between traveling and changing residence, what to do when the other parent does not agree, the risks under the Hague Convention and what is needed for school and documentation in Portugal.

Traveling is not the same as moving to another country

National Council of Justice Resolution 131/2011 (Resolução CNJ) waives court authorization for a Brazilian child or adolescent residing in Brazil to travel abroad with one parent, provided the other parent authorizes it with a notarized signature (Article 1). The authorization may be granted by public deed or before a consular authority and, if it does not state a period, is valid for two years (Articles 4, 8 and 10).

The key point, however, is in Article 11: unless expressly stated, a travel authorization does not authorize the child to establish permanent residence abroad. Anyone who leaves Brazil with a "vacation" travel authorization and decides to stay in Portugal does not, with that document, have the other parent's consent to the move.

The move depends on both parents

In Brazil, the Civil Code (Código Civil) gives both parents, whatever their marital situation, the power to grant or refuse consent for their children to travel abroad and to move their permanent residence to another municipality (Article 1,634, IV and V). This applies both in joint custody and in sole custody, because parental authority (poder familiar) remains with both parents.

In Portugal, after separation, matters of particular importance in the child's life are exercised jointly by both parents, and the child's residence is set by the court in accordance with the child's interest (Article 1906, paragraphs 1 and 5, of the Portuguese Civil Code).

The path with an agreement

1. discuss the move, the new parenting-time arrangement, vacations and how travel expenses will be shared;
2. put in writing an agreement that expressly addresses the change of residence to Portugal, and not only the trip;
3. preferably, have that agreement approved by a court, with a review of custody, parenting time and child support;
4. issue the travel authorization with an express reference to establishing residence abroad (Article 11 of Resolution 131).

The path without an agreement: court substitution of consent

When the parents disagree on the exercise of parental authority, either of them may ask a judge to resolve the disagreement (Article 1,631, sole paragraph, of the Civil Code). This is known as judicial substitution of consent (suprimento judicial do consentimento): the judge decides whether the move serves the child's interest, considering factors such as the reason for the move, living conditions in Portugal, the relationship with the other parent and the feasibility of long-distance contact. In joint custody, the children's home base is the city that most closely meets their interests (Article 1,583, § 3), and an unauthorized change to a custody clause may reduce the prerogatives of the parent who makes it (Article 1,584, § 4).

If the family already lives in Portugal and the disagreement arises there, either parent may ask the court to decide the matter of particular importance (Article 44 of the General Regime of Civil Guardianship Proceedings (Regime Geral do Processo Tutelar Cível)).

Planning the move without the other parent's agreement yet? Talk to our team before traveling. The order of the steps matters.

The risk that does not show up in the planning: the 1980 Hague Convention

Brazil and Portugal apply between them the Convention on the Civil Aspects of International Child Abduction, in force between the two countries since January 1, 2002 (Decree 3,413/2000 (Decreto); HCCH status table). In Portugal, the term used is "rapto internacional" (international abduction).

• What is wrongful: removing or retaining the child in another country in breach of custody rights exercised under the law of the country of habitual residence (Article 3). Custody rights include the right to determine the child's place of residence (Article 5).
• Who is protected: children under 16 with habitual residence in one of the countries (Article 4).
• The one-year period: if the application is filed less than one year after the removal or retention, the rule is immediate return; after that period, return is still ordered unless it is shown that the child is settled in the new environment (Article 12).
• Return does not decide custody: custody is still decided in the country of habitual residence (Article 19).

Applications go through the central authorities: ACAF in Brazil and DGAJ in Portugal. An important detail: a custody decision obtained in the country to which the child was taken is not, in itself, sufficient ground to refuse return (Article 17).

Domestic violence: the STF decision of August 27, 2025

Return is not automatic. Article 13(1)(b) of the Convention allows it to be refused when there is a grave risk that the child would be exposed to physical or psychological harm or otherwise placed in an intolerable situation. On August 27, 2025, the Brazilian Supreme Federal Court (STF) concluded the judgment of direct actions of unconstitutionality (ADIs) 4,245 and 7,686 and held that this exception must be interpreted in light of the best interests of the child and from a gender perspective, allowing it to apply when there is objective and concrete evidence of domestic violence, even if the child is not a direct victim. The STF also affirmed that the Convention is compatible with the Constitution and ordered measures to speed up these proceedings.

This ruling is binding on Brazilian courts. If the return application is heard in Portugal, the exception will be assessed by the Portuguese courts. For anyone experiencing violence, safety comes first: in Brazil, Ligue 180 provides guidance and forwards reports; in immediate danger, contact the police of the country where you are. Documenting the facts (police reports, messages, medical reports, witnesses) is essential for any future decision, including a decision to move to another country.

Arriving in Portugal: residence, school and documents

The child's residence

If one parent already holds a residence permit (autorização de residência) in Portugal, minor children can join them through family reunification without waiting for the two-year period that Law 61/2025 (Lei) introduced for other family members (Article 98(3)(a) of Law 23/2007 (Lei)). However, if the child is the child of only one of the spouses, reunification requires the other parent's authorization or a decision that has entrusted the child to the applicant (Article 99(4)). AIMA requires written authorization from the nonresident parent, authenticated by a Portuguese consular authority, or the custody decision. Details in the article Family reunification: exceptions to the 2-year rule.

School

According to the official gov.pt guide for migrants, everyone has the right to education in Portugal, and attending basic and secondary education is compulsory from ages 6 to 18. Enrollment is done on the Portal das Matrículas (enrollment portal) or directly at the school in the area of residence. Those bringing school certificates from Brazil apply for recognition of equivalence of their qualifications; without documents, the law accepts a sworn statement on one's honor, among other means. Students who were not schooled in Portuguese may attend Portuguese as a Non-Native Language (Português Língua Não Materna).

Checklist of the child's documents

• valid Brazilian passport and, if applicable, Portuguese citizen card (cartão de cidadão);
• updated birth certificate, with apostille;
• agreement or court decision on custody, residence and parenting time;
• travel authorization referring to establishing residence abroad, where applicable;
• school transcript and statements from the Brazilian school, for the equivalence;
• vaccination card and relevant health reports;
• documents for family reunification, if applicable.

Common mistakes

• Using the travel authorization as if it were an authorization to move. Article 11 of Resolution 131 rules out that reading.
• Moving and then seeking custody in Portugal. Custody obtained in the new country does not, in itself, prevent return under the Hague Convention.
• Treating a verbal agreement as sufficient. Without a written agreement, preferably court-approved, proof of consent is weak.
• Forgetting support and visitation. The move requires reviewing parenting time, vacations and travel expenses.
• Failing to document violence. Without objective evidence, the grave-risk exception is hard to establish.

When to consult a lawyer

Ideally, talk to a lawyer before the child travels, especially when the other parent does not agree, when there is court-ordered joint custody, when there is a history of domestic violence or when the other parent threatens to seek the child's return. It also makes sense when the family is already in Portugal and needs to regularize custody, residence or schooling. Sene & Araújo has lawyers in São Paulo and Albufeira and handles these situations with attention to each family's sensitivities and to the child's interest. See our page on international child custody or contact us.

• CNJ Resolution 131/2011 (Arts. 1, 4, 8, 10 and 11)
• Law 10,406/2002 — Brazilian Civil Code (Código Civil) (Arts. 1,583, 1,584, 1,631 and 1,634)
• Portuguese Civil Code (Código Civil) (Art. 1906)
• General Regime of Civil Guardianship Proceedings (Regime Geral do Processo Tutelar Cível) — Law 141/2015 (Art. 44)
• Decree 3,413/2000 — 1980 Hague Convention (Arts. 3 to 5, 12, 13, 17 and 19)
• HCCH — Acceptances of Brazil's accession to the 1980 Convention
• STF — ADIs 4,245 and 7,686, judgment of August 27, 2025
• Brazilian Ministry of Justice — International child abduction (ACAF)
• DGAJ — Role of the Central Authority (international abduction)
• Law 23/2007 — Foreigners Act (Lei de Estrangeiros) (Arts. 98 and 99)
• AIMA — Family reunification (specific documents)
• gov.pt — Migrants: education in Portugal for children, young people and adults
• Brazilian Ministry of Women — Ligue 180

Sene & Araújo Sociedade de Advogados team. Content prepared and reviewed by the firm's lawyers, admitted to the Brazilian Bar Association (OAB) and the Portuguese Bar Association (Ordem dos Advogados), with offices in São Paulo and Albufeira. The provisions cited were checked against the official sources listed above. Meet the team.