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Португалия

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Португалия

1. International Family Mediation

Family mediation, in Portugal, is legally recognised, commonly implemented and encouraged by the State. The parties in a family dispute concerning children or spouses can use public or private family mediation by mutual agreement (in case of private, fees should be paid). Family mediation can be accessed before an action is lodged in court or in the Civil Register Office (Conservatória do Registo Civil), or after the action is already pending. Also, the court can refer the parties to mediation, but it cannot impose it without their consent. In either case, the agreement relating to family matters must be approved to be enforceable.

To find a family mediator, you can consult a list of family mediators’ names provided by the Ministry of Justice and find their contact details here. You can also contact the Alternative Dispute Resolution Office of the Ministry of Justice and/or request a pre-mediation session via an online form of the Family Mediation System (SMF) here (website in Portuguese).

There is no structure specialised on international family mediation in Portugal, but the Network of Cross-border Family Mediators has created a global database which identifies expert family mediators who specialise in cross-border family conflict.

1) Portugal is a Party to the 1980 Hague Convention.

The 1980 Hague Convention: a multilateral treaty, which provides procedural guidelines on the return of children and their protection in cases of international parental child abduction.

Contact the Central Authority established in Portugal for cases of child abduction (operational languages: Portuguese, French and English).

2) Portugal is a Party to the 1996 Hague Convention.

The 1996 Hague Convention: a multilateral treaty, which determines jurisdiction, applicable law, co-operation in respect of parental responsibility and access, rights, as well as civil and public measures for the protection or care of children. 

Contact the Central Authority established in Portugal for cases of dispute concerning cross-border parental responsibilities and rights of contact with children (operational languages: Portuguese, French and English).

3) Portugal is a Party to the Brussels IIA Regulation.

Brussels IIA Regulation: a legal instrument of the European Union to help resolve family disputes involving more than one country, over divorce, all parental responsibilities and, in particular, the custody of children. Brussels IIA is a regulation applicable to all European Union Member states (except Denmark). The Regulation prevails over the 1996 Hague Convention in cases where the child’s habitual residence is within a European Union Member state (except Denmark). Please be aware that if a decision on access and/or custody rights is taken by a court from the European Union, the regulation foresees that a State Party to the 1996 Hague Convention must recognise the court decision.

Contact the Central Authority established in Portugal designated under the 1996 Hague Convention for cases of dispute concerning cross-border parental responsibilities and rights of contact with children (operational languages: Portuguese, French and English).

4) Portugal is a Party to bilateral agreements.

Portugal is party to bilateral agreements with France and Luxembourg regarding parental child abduction, custody and access rights (websites in Portuguese and French).

You can determine whether all countries relevant to your case are Parties, or not, to the 1980 Hague Convention on International Child Abduction, the 1996 Hague Convention on Child Protection and/or Brussels IIA (except Denmark) in order to locate the appropriate central authority. As for the 1980 Hague Convention, you can check whether the Convention is in force between two specific States in the Spreadsheet showing acceptances of accessions to the Child Abduction Convention.

The Portuguese Association of International Social Service (APASSI) provides social intervention services in cross-border cases related to adult welfare such as physical or psychological abuse and to child welfare such as child custody, access rights, alimony, family placement and relocation, restoring family contacts. You can contact them directly here (website in Portuguese).

The Social Security website provides information on all kinds of social support and assistance to families. For further information, you can contact a Social Security service centre near you by typing your city here (website in Portuguese). Please keep in mind that Social Security service centres can be also contacted in cases of domestic violence where legal, psychological and social support can be provided to victims. These centres can also refer you to an appropriate organisation in Portugal.

Legal protection, which includes legal assistance and legal aid, is provided to Portuguese and European Union citizens with low income as well as to those with low income who habitually resident in Portugal or in a country of the European Union. The Social Security website provides instructions and an application form to fill out and send to a Social Security office at your town (please find an application form for European Union citizens here). You can find a Social Security service centre near you by typing your city here (website in Portuguese).

Santa Casa da Misericordia de Lisboa proposes in Lisboa and Porto emergency and temporary shelters for women victims of violence. You can contact them directly here (website in Portuguese).

The Portuguese Association of Support to Victims (APAV) is a non-profit organisation supporting victims of crime. Its Victim Support Offices offer emotional, legal, psychological and social support, which is free and confidential. You can contact them directly here or call to their helpline at 116 006.

Association of Women Against Violence (AMCV) is a non-profit non-governmental organisation working for the promotion of women, youth and children rights, and fighting against all forms of Gender Violence and Discrimination (website in Portuguese). AMCV provides information related to violence against women and children as well as legal and psychological support, job assistance and peer-support group. You can contact them directly here.

Women Union, alternatives and responses (UMAR) provides information and support to women victims of domestic violence through its network within the country. It provides psychological support and referrals in Acores with the Line SOS Women at 808 200 175.

4. Child Welfare Services

The Portuguese Association of International Social Service (APASSI) provides social intervention services in cross-border cases related to adult welfare such as physical or psychological abuse and to child welfare such as child custody, access rights, alimony, family placement and relocation, restoring family contacts. You can contact them directly here (website in Portuguese).

SOS Villages in Portugal offer Family Strengthening Programme, which provides support to families with vulnerable children or at risk to prevent separation and loss of parental care, as well as family counselling and mediation, psychological and educational support. You can contact their centres providing Family Strengthening Programme in Lisbon, Paço de Arcos and Guarda directly here (website in Portuguese).

Cáritas Portuguesa offers Children's Priority Programme presented in 14 dioceses in Portugal that aims to support children in need or danger offering psychological and educational assistance (website in Portuguese).

5. Support to Bi-National Couples, Cross-Cultural and Migrant Families

Legal protection, which includes legal assistance and legal aid, is provided to Portuguese and European Union citizens with low income as well as to those with low income who habitually resident in Portugal or in a country of the European Union. The Social Security website provides instructions and an application form to fill out and send to a Social Security office at your town (please find an application form for European Union citizens here). You can find a Social Security service centre near you by typing your city here (website in Portuguese).

Portuguese Refugees Council (CPR) is a non-profit non-governmental organisation providing shelter for refugees and asylum-seekers. You can contact them here or visit the Facebook page here.

The Jesuit Refugee Service (JRS) is an international organisation of the Catholic Church providing legal, social, psychological and medical support to migrants and refugees. JRS offers also services of professional integration, accommodation of homeless immigrants and Portuguese language courses. You can contact them directly here (website in Portuguese).

The Refugee Support Platform (PAR) is a Portuguese network of organisations from the civil society whose aim is to support and host refugees. It provides information and support through its network within the country.

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