In a recent decision by the São Paulo courts, a woman was ordered to pay the father of her children R$5,000.00 in moral damages for not informing him about the baptism.
According to reports, the parties had joint custody of the children, a rule in our legal system since 2014. This entails sharing responsibilities and making joint decisions regarding the children’s lives. Therefore, the father had the right not only to participate in the ceremony but also to express his opinion on whether or not he wanted his children baptized. In other words, this should be a joint decision, not a unilateral one.
The court’s decision serves as a warning to parents who attempt to overstep their rights and exclude the other parent from decision-making in their children’s lives by allowing them to be awarded moral damages.
It is worth noting that our Brazilian legal system aims to protect the best interests of children and adolescents, and that inconsistent decision-making by parents can have repercussions not only on the other parent, but especially on the children, the most fragile part of the relationship and who must be protected beyond the individual wishes of their parents.
