Published in The specialist
"nonsense" "nonsense"

"Teenagers may decide to live with one of the parent in another country?" The lawyer responds

First, it's important to clarify that the child and adolescent statute understands that an adolescent is an individual aged between 12 and 18 years.

Before the age of eighteen, the teen is entrusted to those who can exerce their parental responsibility, and it falls to Father or mother to determine the residence of the child.

The law gives children the power to decide according to their maturity on family matters, but regarding to decision to go live with the father or mother in another country, it's required the consent of the other parent while the child is a minor.

Also because leaving that decision in the hands of a teenager would be a nonsense given that often teenagers do not want to continue living with her mother, only to run away from the rules imposed by her.

In the absence of agreement to a change in the geographical area of the minor's residence, either parent can apply to the court, and if there is no reconciliation, the court will hear before deciding, the child above twelve years old, unless when important circumstances advise against his or her opinion.

Carla Monteiro
CMA – Carla Monteiro & Associados, Sociedade de Advogados, RL