PROTECTION OF CHILDREN'S RIGHTS: AN ANALYSIS OF SHARED CUSTODY BETWEEN PARENTS RESIDING IN DIFFERENT COUNTRIES

Abstract

Joint custody is a way of preserving emotional bonds after separations or divorces, in other words, where parents share responsibilities for raising their children. However, when both parents live in different countries, the purpose of this model ends up being more complex. Therefore, the work focuses on the protection of Children's Rights: an analysis of joint custody between parents who live in different countries, from which the study of this topic was extracted the problem: Does joint custody, in protecting children's rights, in cases of parents who live in different countries, in fact guarantee the individual's social well-being? Given this context, the general objective is to analyze how the division of joint custody between parents in different countries can affect social well-being. On the other hand, the specific objectives addressed were to contextualize how the division of custody between parents in different countries can affect social well-being, to understand the protection of children's rights in cases of shared custody between parents who reside in different countries, and to analyze how case law and doctrine have regulated the application of shared custody for parents who reside in different countries and its consequences. The topic is pertinent, since children are in a developmental phase and require the cooperation of both parents to preserve their well-being. This study consists of bibliographic and documentary research, using qualitative methodology, with sources such as Google Scholar, theses, scientific articles, websites, social networks, books, doctrines and case law, national legislation, and international treaties to which Brazil is a signatory. The results obtained in the research demonstrate that shared custody is viable and can be beneficial when parents reside in different countries, as long as the best interests of the child are observed. Brazilian jurisprudence has recognized that geographical distance is not an impediment to this type of custody, especially considering technological advances that facilitate long-distance communication.