Brazil Supreme Court limits jurisdiction shift in unilateral child relocation

The Superior Tribunal de Justiça (STJ) ruled that a parent’s unilateral move of a minor to a new domicile, without judicial authorization or the other parent’s consent, does not automatically transfer the case’s jurisdiction to the court of the child’s new residence. The competence to hear related custody and visitation matters may remain with the court that originally handled the case – the forum of the parent who holds custody – unless a specific decision is made. The judgment, issued in Informativo de Jurisprudência No. 32 on 21 July 2026, clarifies that the application of Summula 383 is not automatic in such situations and that substantive custody issues will still be decided based on the child’s best interests.