Posted by Robert Ian Goodman on March 29, 2001 at 01:15:33:
Dear Inquirer:
Although every set of facts is different and I cannot comment specifically on what your course of action should be, I can, nevertheless provide you some basic helpful information regarding the relationship between domestic U.S. law and foreign law, like the law of Brazil.
First, because the children are in Brazil and their hosts are in Brazil, the likely prospect is that Brazilian law would apply in defining the rights and duties of everyone concerned. A lawyer schooled in U.S. law would be of limited help to you insofar as any child-custody proceeding is also likely to take place in Brazil and be governed by Brazilian law. While I did not locate any specific information in English on Brazil's child custody law, there is a website that contains a great deal of information on Brazilian law and lawyers. As many items on this site are in Portuguese, there could be something there I just could not identify. See www.findlaw.com/12international/countries/br.html.
Second, because no abduction occurred, i.e. the children were not taken from you in the U.S. and brought to Brazil, it is unlikely that the international treaty governing child abduction would apply. From an international law standpoint, your situation would appear to be a domestic Brazilian matter.
Finally, after you make a proper evaluation of your options and if you choose to litigate in Brazil, you may want to consult an immigration attorney regarding the rules governing your status as a permanent resident. A foreign litigation could be very time consuming and might require you to be out of the country for extended periods, which under certain circumstances could jeopardize your immigration status here.
Thank you for your inquiry and good luck.