A guarda internacional de menores: desafios jurídicos e sociais na resolução de conflitos de jurisdição

Abstract

This monograph addresses the complexities and challenges involved in international child custody disputes, focusing on the legal and social dimensions that arise from jurisdictional conflicts. The increasing globalization and mobility of families have led to a rise in cross-border custody disputes, necessitating a thorough examination of how international laws, particularly the Hague Convention on the Civil Aspects of International Child Abduction, are applied. The study explores the legal obstacles, including inconsistencies in the interpretation and implementation of international treaties, and the impact of cultural differences on judicial decisions. It also delves into the psychosocial effects these disputes have on children, emphasizing the need for a child-centered approach that prioritizes their well-being. The role of central authorities and other entities is analyzed, highlighting the importance of efficient international cooperation and multidisciplinary strategies to resolve conflicts. The findings underscore the necessity of a more cohesive and adaptive international legal system that balances the uniform application of laws with sensitivity to cultural and social contexts. This work aims to contribute to the academic discussion by proposing more effective and humane solutions to protect children involved in complex custody disputes.