The 3rd Panel of the Supreme Court of Justice (STJ) decided this Tuesday (6) that shared custody allows one of the parents to change countries with the child.
Unanimously, the Court granted an application that the modality could be adopted in a case in which the mother and child will move to the Netherlands, while the father will remain in Brazil.
As explained by the rapporteur of the piece, Minister Nancy Andrighi, shared custody “does not demand joint physical custody, nor is it necessarily implied in time of equal coexistence”.
“Different from what happens in alternate custody, in which dual residence is fixed, in which the offspring will reside with each of the parents for a certain period, in shared custody it is possible and desirable to define a main residence for the children, but guaranteeing give them a home reference for their life relationships”, he explained.
“It is admissible to establish joint custody in the event that the parents reside in different cities, states or even countries, especially since, with technological advances, it is fully possible that, at a distance, parents share responsibility for the offspring, actively participating in decisions about the lives of their children”, added the minister in her vote.
Andrighi also stressed that, as recommended by law, moving to the Netherlands — in the specific case that was judged — is in the best interest of the child, as the European country ranks 10th in the United Nations (UN) development ranking. ) and will allow “the potential for experimentation, development, experience and growth able to increase educational life and quality of life”.
Another point highlighted in the rapporteur’s justification is that a “careful plan for coexistence in the sentence” was made. Also according to the vote, the child will return to Brazil in all vacation periods until he turns 18, with the costs of this operation borne by the mother.
In addition, the use of video calls or other means of communication should be possible when the father is in Brazil.
Source: CNN Brasil
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