STJ understands that shared custody does not prevent a child from moving to another country

The Superior Court of Justice (STJ) authorized the change of residence of a child from Brazil to the Netherlands in the case of shared custody.

Justice Nancy Andrighi clarified that shared custody should not be confused with alternating custody, in which residences alternate. According to the justice, in cases of shared custody, it is possible and desirable for the child to have a primary residence, while it is entirely possible for the parents to reside in different cities.

To decide the case, the Superior Court was guided by the best interests of the child, praising that the sentence developed a careful coexistence plan, which guarantees visits paid for by the mother during the holidays and broad and unrestricted virtual contact.