Documents
- List of documents - Return
- List of documents - Visits
To initiate an application for return or exercise of the right of access, with the Portuguese Central Authority (Requesting Central Authority), the following documents are required.
- Document nr. 1: Completion of the Model-Type Application form in Portuguese and its translation certified in the language of the State where the child is located
This application form must:
- Be duly filled and legibly;
- Be dated and signed by the applicant;
- It must contain as much relevant information as possible (for example: information on the exact location of the child).
- Document nr. 2: Copy of the decision that regulates parental responsibilities and / or that changes parental responsibilities (if any exists), in Portuguese and its translation into the language of the State where the child is
If there is no regulation of parental responsibilities, you should indicate this in the application-form, particularly in field VIII (Factual or legal reasons for parental responsibility / custody rights that substantiate a request for return of the child).
- Document nr. 3: Declaration of the school / nursery / daycare center that the children attended in Portugal or a statement from the Health Center in the area of residence
This declaration must be sent in Portuguese and in the language of the State where the children are. These documents are particularly relevant since Article nr. 4 of the 1980 Hague Convention defines that the Convention applies to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. It therefore means that what is relevant for the purposes of this Convention is the concept of State of habitual residence. Therefore, these documents serve precisely to prove that Portugal was the habitual residence of the child, before the illicit displacement.
- Document nr. 4: Copy of children's birth certificates
Along with the birth certificate in Portuguese, the respective translation must also be sent, in the language of the State where the child is.
- Document nr. 5: Color copy photos of the taking parent and the children
- Document nr. 6: Copy of the exit authorization of the child, from national territory, if it exists
If it exists, this authorization must be sent in Portuguese and in the language of the State where the child is.
- Document nr. 7: Information on the child's address in the State to which he / she was displaced / retained, as well on the family residing there, and other informations considered relevant to the child's location
This information must be sent in Portuguese and in the language of the State where the child is. Please note that no specific document is required to provide this information, as these can be provided upon completion of the standard application-form.
- Document nr. 8: Original or certified copy of the lawyer´s forensic document, giving him powers to represent the applicant, ONLY in case the applicant decides to constitute a lawyer in Portugal for the case
Please note that the translation into the language of the State where the child is located is not required. Once again we remind you that the proceedings with this Central Authority do not require the intervention of a lawyer, that is, it is not mandatory to establish a legal representative.
- Document nr. 9: Proposal on the system of visits to be made to the child
In this proposal, the applicant should indicate the visits periods during holidays, such as Easter, summer and Christmas, as well the Internet contacts (ex. Skype), weekly telephone calls, monthly visits, weekly visits, etc. should be displayed. This proposal should also indicate who secures the movement of the child between both States. It should be noted that this proposal is only required when it is necessary to reconfigure the system of visits, adapted to the new residence of the child.
Documents required to initiate a return application
- Document nr. 1
- Document nr. 2
- Document nr. 3
- Document nr. 4
- Document nr. 5
- Document nr. 6
- Document nr. 7
- Document nr. 8
Documents required to initiate a request for the regulation of rights of access
- Document nr. 1
- Document nr. 2
- Document nr. 4
- Document nr. 7
- Document nr. 8
- Document nr. 9
Once again we remind you that all documentation must be translated into the language of the State where the children are.
The documentation must be sent mail, or delivered in person at the following address:
Travessa da Cruz do Torel, n.º 1, 1133-001 Lisboa, Portugal
Only upon receipt of the mentioned documentation may the Portuguese Central Authority initiate its technical analysis of the request and submit it to the Central Authority of the State where the child is.
Regarding the requests for the protection of children living outside of Portugal, in the scope of promotion and protection of children, these are essentially formulated by the Portuguese Commissions for the Protection of Children and Young People (CPCJ) and by the Portuguese Courts. It should be noted that these requests must be sent to the Portuguese Central Authority, duly translated into the language of the State where the child resides and accompanied by all the elements that support the protection request, to be submitted to the foreign Central Authority.