Analysis reveals jurisdiction and public policy issues in child protection under the Hague Convention in Portugal, indicating legal complexities.
In this article, we intend to begin by briefly presenting the Portuguese system for the protection of children, with particular emphasis on the exercise of parental responsibilities and on protective measures. We will then provide an overview of the 1996 Hague Convention on Parental Responsibility and Protection of Children, specifically with regard to competent courts, applicable law, and the recognition of foreign decisions. After this introductory section, we will present a judgment of the Coimbra Court of Appeal, which concerned the recognition of a decision handed down by a London court. After presenting the background to the case, we will analyse each of the grounds presented by the child’s mother (jurisdiction, violation of public policy, and incompatibility between decisions), determine the applicable law, and then analyse the decision taken by the court.
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Jéssica Marques Ferreira (2026) studied this question.
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