Family law · International families in Portugal

Child custody in Portugal

English-speaking Portuguese family lawyers for expat and international parents — custody after divorce or separation, relocation from Portugal with a child, Hague Convention cases, and enforcement of custody and child support orders.

2018Firm founded

2002Admitted to the Portuguese Bar

2Offices — Porto and Lisbon

Speak with a family lawyer

Describe your situation in confidence. A Portuguese lawyer will review your custody matter and explain your options under Portuguese law — clearly and in English.

Having trouble with the form? Email support@defesalegal.pt or call +351 222 084 267.

Licensed Portuguese lawyers · Members of the Portuguese Bar (Ordem dos Advogados) · More than two decades in practice · Porto and Lisbon

Your case is handled by lawyers — not intermediaries — bound by professional secrecy and the rules of the Portuguese Bar.

Overview

How child custody works in Portugal

Portuguese law does not use "custody" in the common-law sense. The relevant concept is the regulation of parental responsibilities under articles 1901 et seq. of the Civil Code and the procedural framework established by Law no. 141/2015. It covers three core matters:

iThe child's residence — which parent the child lives with, including the possibility of alternating residence between both homes.
iiContact arrangements — the time the child spends with the parent they do not live with (visiting rights).
iiiChild support — the maintenance payment, set according to the child's needs and each parent's means.

If both parents agree, the arrangement may be submitted to the Civil Registry Office, where it is subject to an opinion from the Public Prosecutor and, if the legal conditions are met, approved by the civil registrar, or it may be approved by the court. If there is no agreement, the case proceeds before the Family and Minors Court.

How we help

Common situations for international families

Custody after divorce in Portugal

Divorce or separation of expat couples, or of mixed Portuguese-foreign couples, living in Portugal. We prepare the parental responsibilities agreement — residence, contact, child support — or represent you in court when agreement is not possible.

Relocation — leaving Portugal with a child

Moving abroad with a child is a major decision that, as a rule, requires the other parent's consent or a court decision. We advise parents who wish to relocate — and parents who oppose a relocation — on the legal route before anyone moves.

iii

Parental child abduction — Hague Convention

Portugal is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. If a child has been wrongfully removed to or from Portugal, or retained abroad, we advise on return proceedings and coordinate with the central authorities involved.

Enforcement of custody and support

When contact arrangements are blocked or child support goes unpaid, Portuguese law provides a specific non-compliance procedure (article 41 of the Lei n.º 141/2015 regime), which can lead to coercive enforcement, fines and compensation.

How it works

Your case, step by step

Step 1: Initial consultation. We listen to your situation in confidence — in English — review any existing orders or agreements, and identify the legal framework that applies, including any cross-border elements.
Step 2: Written assessment. You receive a written outline of your options — agreement, registry office or court — with realistic timelines and a fee estimate communicated in writing at the outset.
Step 3: Negotiation and agreement. Where possible, we seek an agreed arrangement with the other parent or their lawyer, which may be faster and less disruptive for the child than litigation.
Step 4: Court proceedings and follow-through. If agreement is not possible, we file or defend proceedings before the Family and Minors Court and accompany every stage — parents' conference, technical hearings, mediation, trial — through to the decision and its enforcement. Portuguese court files are electronic, so most steps can be handled remotely.

The firm

Why Defesa Legal

iLicensed Portuguese lawyers — members of the Ordem dos Advogados (Portuguese Bar), bound by professional secrecy under the Statute of the Portuguese Bar.
iiMore than two decades in practice — the firm is led by Jorge Ferraz, admitted to the Portuguese Bar since 2002.
iiiEnglish throughout — consultations, written assessments and day-to-day communication in English; representation in Portuguese courts.
ivPorto and Lisbon — two offices; clients represented across Portugal and from abroad, with most steps handled remotely through the electronic court system.

Your questions answered

Child custody in Portugal — frequently asked questions

The guiding principle is the best interests of the child. The court sets the child's residence, the contact schedule with each parent and the child support amount, weighing factors such as each parent's availability, the child's relationship with each parent and the importance of maintaining close contact with both. Major decisions in the child's life are, as a rule, exercised jointly by both parents.

Yes. If both parents agree on residence, contact arrangements and child support, the agreement may be submitted to the Civil Registry Office, where it is subject to an opinion from the Public Prosecutor and approved by the civil registrar if the legal conditions are met, or it may be approved by the court. A consensual route may reduce conflict and procedural time.

As a rule, no — and the same applies to a father. Under Portuguese law, moving a child's residence to another country is a major decision that requires both parents' agreement or a court decision. If a child is wrongfully removed from Portugal, or wrongfully retained abroad, the 1980 Hague Convention on international child abduction may apply, allowing return proceedings through the central authorities of the countries involved. Timing matters in these cases, so seek legal advice as early as possible.

Yes. Portugal is a contracting state to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the 1996 Hague Child Protection Convention and the Hague Apostille Convention. Where a child is wrongfully removed to or from Portugal, return proceedings may be brought under the 1980 Convention through the central authorities of the States involved.

Joint exercise of parental responsibilities — both parents deciding major questions together — is the legal rule in Portugal. Alternating residence, where the child lives alternately with each parent (for example, week on, week off), is a separate question: the law admits it when it corresponds to the best interests of the child, assessed case by case.

You can bring a non-compliance procedure before the Family and Minors Court (article 41 of the Lei n.º 141/2015 regime). The court summons the parents and can order coercive enforcement of the arrangement, impose fines and award compensation. For unpaid child support there are additional collection mechanisms, such as direct deduction from salary or other income and, under certain conditions, payment through the public child maintenance guarantee fund.

As a rule, no. Portuguese court proceedings run through an electronic system, and most steps can be prepared and followed remotely. We represent clients across Portugal and from abroad, out of our Porto and Lisbon offices, and communicate with you in English throughout — you do not need to speak Portuguese.

Speak with a family lawyer

Describe your situation in confidence. A Portuguese lawyer will review your custody matter and explain your options in writing.

Porto office
Edifício Scala, Rua de Vilar, 235, 2.º Esq.
4050-626 Porto, Portugal
+351 222 084 267

Lisboa office
Praça Marquês de Pombal, 14
1250-162 Lisboa, Portugal
+351 210 204 586

Email
support@defesalegal.pt

Describe my case →

Disclaimer: the information on this page is for general informational purposes only and does not constitute legal advice. Every case is assessed individually. We are bound by the Portuguese Bar rules (Law 145/2015 and Law 6/2024): we do not promise outcomes or make comparisons with other firms.

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Discuss your case.

A matter involving your child deserves calm, rigorous handling. Book an initial consultation — in person in Porto or Lisbon, or by video call — and receive a written assessment of your options.

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or call +351 222 084 267

Your Portuguese lawyer

Led by Jorge Ferraz.

Your case is led by Jorge Ferraz, admitted to the Portuguese Bar since 2002, working with a dedicated team of Portuguese lawyers — handled directly by qualified lawyers, in Portuguese and English.

More than two decades of practice, with the seriousness every case — above all one involving your child — deserves.

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