Saturday, May 30, 2026
INTERNATIONAL DIVORCE ATTORNEY NYC: Unilateral Relocation or International Abduction?...
INTERNATIONAL DIVORCE ATTORNEY NYC: Unilateral Relocation or International Abduction?...: Unilateral Relocation or International Abduction? Protecting Your Parental Rights Across Borders By: Norka M. Schell, Esq. When a relation...
Unilateral Relocation or International Abduction? Protecting Your Parental Rights Across Borders
By: Norka M. Schell, Esq.
When a relationship breaks down and parents live in different countries, child custody disputes stop being standard family law matters. They become high-stakes, cross-border jurisdictional battles.
As a trilingual attorney licensed in both the United States and Brazil, I frequently consult with parents who are living a nightmare: they agreed to let their child travel to the US for a temporary vacation, only to have the other parent unilaterally decide never to return.
Many parents—and even many local family lawyers—mistakenly treat this as a simple custody dispute. It is not. Under international law, this is parental child abduction.
Here is what you need to know about your parental rights, the danger of fighting in the wrong court, and how the federal legal system can bring your child home.
1. The "Temporary Visit" Illusion (Wrongful Retention)
International parental abduction rarely involves a stranger in the night. It usually begins with a legal border crossing.
For example, a mother and child travel from Brazil to New York on a valid B-2 tourist visa to visit family. The father agrees to the two-week trip and helps pay for the round-trip tickets. But when the two weeks are up, the mother refuses to board the return flight. She enrolls the child in a New York school and cuts off the father's access.
Under the law, a legal trip transforms into wrongful retention the exact moment a parent keeps the child beyond the agreed-upon timeframe without the left-behind parent's consent. This is a direct violation of your parental rights.
2. The Wrong Battlefield: State Family Courts vs. The UCCJEA
When an abduction happens, a left-behind parent's first instinct is often to hire a local state family lawyer to file for custody. In New York, state courts apply a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
While the UCCJEA is designed to prevent parents from crossing state lines to steal jurisdiction, litigating an international abduction in a local family court is often a massive strategic error. State courts are fundamentally focused on the "best interests of the child"—a broad standard that can drag litigation out for years.
3. The Ultimate Weapon: The Hague Convention in Federal Court
To protect your rights, you must bypass the local family court entirely and file a petition in US Federal Court under the Hague Convention on the Civil Aspects of International Child Abduction.
The Hague Convention is an international treaty between the US, Brazil, and over 100 other nations. It operates on one strict principle: Federal judges in the US will not decide who is the better parent. They only decide jurisdiction.
If we file a Hague petition, we are asking the federal judge to look at the child's life before the wrongful retention. We build a case around three main pillars:
*Habitual Residence: We use translated school records, pediatric files, and community ties to prove the child's true "home state" is Brazil.
*Breach of Custody Rights: We prove that under Brazilian law (such as shared poder familiar), you had custody rights that were actively being exercised before the abduction.
*Lack of Consent: We use text messages, emails, and flight itineraries to prove the trip was strictly temporary.
If we prove these elements, the federal judge will order the immediate return of the child to Brazil. Any actual custody trial must happen in the Brazilian courts, not the American ones.
4. The 1-Year Ticking Clock
If your child has been wrongfully retained, time is your absolute worst enemy.
The Hague Convention features a strict one-year rule. If you wait more than 365 days from the date of the abduction to file your federal petition, the abducting parent is given a powerful legal defense: they can argue that the child is now "well-settled" in their new American environment. If the federal judge agrees that the child has established a new life in the US, they can legally refuse to send the child back.
You must act fast to preserve your parental rights.
Why Your Choice of Attorney Matters
Standard family lawyers do not typically litigate in US Federal Court, nor do they understand the cultural and legal nuances of Brazilian family law. By hiring a firm that is uniquely licensed in both jurisdictions—and fluent in English, Portuguese, and Spanish—you eliminate translation delays, cultural misunderstandings, and procedural missteps.
If your child has been taken or kept across international borders without your consent, do not wait.
Falamos Português. Hablamos Español.
Law Offices Norka M. Schell, LLC
Tel. 212.258.0713
https://www.thelawschell.com
Saturday, May 23, 2026
Which Country Has Jurisdiction? Navigating Where to File for an International Divorce
By: Norka M. Schell, Esq.
When a marriage spans across oceans, borders, and continents, the end of that relationship brings an incredibly complex question: Where do we actually get divorced? In an international divorce, jurisdiction is often the very first—and the most critical—battleground. It dictates what laws apply to your separation, how your assets will be divided, and whether you’ll be paying (or receiving) alimony. In short, the country or state that assumes jurisdiction can drastically alter the trajectory of your financial future.
If you are an international couple living in or connected to New York, here is what you need to know about navigating jurisdiction—and why waiting to file could be the most expensive mistake you ever make.
The "Race to the Courthouse": Why Speed is Everything
In international family law, there is a concept colloquially known as the "race to the courthouse." This refers to the first-to-file rule.
If you and your spouse hold citizenship or residency in different countries, it is highly likely that more than one court could legally claim jurisdiction over your divorce. Usually, the country where the divorce is filed first gets to keep the case, assuming it meets that region’s legal requirements.
Why does this matter? Because whoever files first often gets to choose the legal battlefield. If your spouse files in a country whose laws heavily favor them regarding asset division or spousal support, you may find yourself forced to litigate under an entirely foreign legal system. When an international divorce is on the horizon, acting quickly and consulting a New York lawyer immediately is absolutely essential to protect your rights.
Do You Qualify? New York Residency Requirements
Just because you want to file in New York doesn't mean you automatically can. To prevent "forum shopping" (where people file in a state just because the laws are favorable), New York strictly enforces residency requirements under Domestic Relations Law (DRL) § 230.
To file for divorce in New York, you must meet at least one of the following conditions:
The Two-Year Rule: Either you or your spouse has been a continuous resident of New York State for at least two years immediately before filing.
The One-Year Rule: Either you or your spouse has been a continuous resident for one year immediately before filing, AND you were married in New York, lived in New York as a married couple, or the grounds for divorce occurred in New York.
The "No Duration" Rule: Both you and your spouse are residents of New York on the day you file, and the grounds for divorce occurred in New York.
Keep in mind: New York courts view "residency" as more than just renting an apartment. You need to demonstrate a genuine intent to make New York your permanent home (domicile), often proven through tax filings, voter registration, and primary employment.
Money Matters: How Jurisdiction Impacts Assets and Alimony
The most significant reason couples fight over jurisdiction is the money. Different countries have vastly different philosophies on how wealth should be separated.
Asset Division: New York is an Equitable Distribution state. This means a judge will divide marital property in a way that is "fair," which isn't always a 50/50 split. If your spouse files in a "Community Property" jurisdiction or a country with strict 50/50 division laws, the outcome for your business interests, real estate, and investments could look completely different.
Alimony (Spousal Maintenance): New York has specific, formulaic guidelines for calculating spousal maintenance, providing a degree of predictability. In contrast, countries like the UK give judges incredibly broad discretion to award massive, lifelong maintenance sums, while other civil law nations might severely restrict or cap alimony altogether.
Depending on whether you are the higher-earning or lower-earning spouse, filing in New York could be a massive strategic advantage—or a substantial detriment.
The Ultimate Shield: A New York Prenuptial Agreement
What if you could completely avoid the stress, cost, and unpredictability of the "race to the courthouse"? You can.
At the Law Offices of Norka M. Schell, LLC, we routinely advise international couples that the absolute best way to handle a cross-border jurisdictional dispute is to prevent it before you even say "I do."
A carefully drafted New York Prenuptial Agreement can include a "Choice of Law" and "Forum Selection" clause. This legally binds both parties to litigate any future divorce in New York, applying New York law, regardless of where in the world you happen to be living if the marriage breaks down. It provides instant clarity, protects your global assets, and eliminates the scramble to file first in a foreign court.
Don't Leave Your Future to Chance
Jurisdiction is not a detail you can afford to overlook or leave to chance. If you are a foreign national living in NYC, an American expat, or an international couple with ties to New York, knowing where you stand legally is paramount.
Contact the Law Offices of Norka M. Schell, LLC today at Tel. 212-258-0713 or visit our website at
https://thelawschell.com to discuss your international divorce strategy, or to safeguard your global assets with an ironclad prenuptial agreement.
Monday, May 18, 2026
VALIDITY OF FOREIGN DIVORCE IN NEW YORK AND BRAZIL
LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, Suite 615
New York, NY 10004
Tel. (212)258-0713
Website: https://www.thelawschell.com
RECOGNITION OF FOREING JUDGMENTS AND ARBITRATION AWARDS IN BRAZIL
Published on April 18, 2026 | By: Dr. Norka M. Schell
Enforcement of international awards in Brazil was transformed by Constitutional Amendment 45/2004, which moved oversight to the STJ and established the current standards defined in Resolution STJ 9/2005.
1. Legal Framework & Jurisdiction
Historically, the Supreme Court (STF) handled all matters of international judicial cooperation. Since 2005, the STJ has taken over this role.
Federal Authority: While Brazil is a federal system, legislation regarding civil and criminal matters is national. States have very limited legislative power in these areas.
Resolution STJ 9 (2005): Currently governs the recognition procedure until the final approval of new internal rules or statutory provisions.
Law Project n. 166: A proposed (at the time of writing) New Code of Civil Procedure intended to turn Res. STJ 9 into statutory law to provide a more secure legal framework.
2. The Recognition Process (Giudizio di Delibazione)
Brazil follows the Italian-inspired giudizio di delibazione model. The STJ does not evaluate the merits of the foreign case; instead, it ensures the decision meets specific formal and legal requirements.
Standard Requirements for Recognition:
Jurisdiction: The foreign court must have had jurisdiction according to both its local law and Brazilian law.
Service of Process: The parties must have been properly served. If the defendant is domiciled in Brazil, notice must be served via rogatory letter.
Finality: The decision must be final (res judicata) and enforceable in its country of origin.
Formalities: The document must be certified by a Brazilian Consulate/Embassy and translated by a Brazilian sworn legal translator.
Public Policy: The decision cannot violate Brazilian national sovereignty, public policy, or "good customs."
3. Notable Rules and Interpretations
The text highlights several specific nuances in how the STJ applies these rules:
Exclusive vs. Concurrent Jurisdiction: * Exclusive: Matters involving real estate located in Brazil or Brazilian inheritance must be decided by Brazilian courts. Foreign judgments on these matters are generally not recognized.
Concurrent: If the case falls under concurrent jurisdiction (e.g., defendant domiciled in Brazil or obligation performed in Brazil), a foreign decision can be recognized even if a similar suit is pending in Brazil.
Partial Recognition: The STJ can recognize parts of a judgment while rejecting others (e.g., granting a divorce but rejecting the partition of Brazilian real estate).
Injunctive Relief: One of the major innovations of Res. STJ 9 is allowing parties to seek provisional measures (urgent relief) during the recognition process, though the STJ remains very cautious in granting them.
Administrative Decisions: Certain foreign non-judicial decisions (like Japanese administrative divorces) can be recognized if they serve the same function as a judicial decision in Brazil.
4. Arbitration Awards
The recognition of foreign arbitral awards follows similar logic. While most are granted recognition, the STJ has occasionally denied them on public policy grounds—specifically regarding the absence of proof that a party explicitly agreed to an arbitration clause.
By: Norkka M. Schell, Esq. | Published on May 18, 2026
When Marriage Ends Across Borders: Navigating Matrimonial Litigation in New York and Brazil
When facing a family crisis, the legal system can seem like an insurmountable maze. For families with ties to both the United States and Brazil, that maze is uniquely complicated. Matrimonial litigation—which encompasses contested divorces, custody battles, support disputes, and orders of protection—requires highly specialized legal strategies when multiple jurisdictions are involved.
At the Law Offices of Norka M. Schell, LLC, we bridge the gap between New York and Brazilian legal frameworks. Here is a look at the core areas of our matrimonial litigation practice:
Contested Divorces in a Global Landscape: A contested divorce occurs when spouses cannot agree on key issues like asset division or child custody. When assets are located in both NY and Brazil, valuing and dividing real estate, businesses, and pensions requires an attorney who understands both legal systems. With dual licensure (NY and OAB/MG), Attorney Norka M. Schell effectively tracks and protects assets across borders without relying on outside intermediaries.
The High Stakes of Custody Battles: Nothing is more emotionally charged than a custody dispute. Our firm approaches custody cases with a fierce dedication to the child's best interests. In cross-border scenarios, we have extensive experience dealing with relocation requests and the Hague Convention, ensuring that parental rights are fiercely protected whether in a Manhattan courtroom or a Brazilian jurisdiction.
Resolving Complex Support Disputes: Determining fair child support and spousal maintenance (alimony) relies on accurate financial transparency. We aggressively litigate support disputes to ensure that individuals are not hiding assets or underreporting income, fighting for the financial stability our clients deserve.
Immediate Safety: Orders of Protection: If you are facing harassment or domestic abuse, your safety cannot wait. We act urgently to secure Orders of Protection in New York Family and Supreme Courts, providing a legal shield for you and your children during highly volatile matrimonial disputes.
Why Cultural and Legal Fluency Matters: Navigating the legal system is hard enough without a language barrier. Our firm provides legal counsel in English, Portuguese, and Spanish, ensuring you fully understand every step of your case.
If you are facing matrimonial litigation in New York or a complex US-Brazil family law matter, you need a strong advocate. Contact the Law Offices of Norka M. Schell, LLC today to schedule a comprehensive consultation. CALL 212-258-0713.
The Brazilian Divorce Trap How to Legally Recognize Your Forei
Subscribe to:
Posts (Atom)