Magda Fernandes analyses supervised visitation regime in the Alcácer do Sal children case

Magda Fernandes, partner at Morais Leitão and specialist in Family Law, speaking to Rádio Observador, provided legal context on the supervised visitation arrangement applied to the father of the two children found in Alcácer do Sal, following information released by the Conselho Superior de Magistratura.

The lawyer explained that this is a figure with a specific name under Portuguese law: «In Portugal it has a name: it is called inhibition of parental responsibilities or supervised visits.» Established under the Law on the Protection of Children and Young People in Danger, it applies in situations where risk factors are associated with one of the parents. As Magda Fernandes stressed, the aim is not «to completely prevent them from being with the children, but at least to control the terms under which they are, precisely so as not to put them in danger.»

On the implications for international judicial cooperation, the Morais Leitão partner was direct: «If the French State determined that the father was not in a position to be with his children without supervision by another entity, then I would say it was certainly not with a view to returning them without further steps.» In her view, what will now be required is «very close coordination between the Portuguese child protection authorities, namely the Public Prosecutor's Office, and the other entities involved, such as Social Security, the Commissions for the Protection of Children and Young People at Risk, and the French authorities.»

Listen to the full commentary here.