July and August bring enquiries about school holidays, travel with children and temporary changes to contact arrangements. When parents are separated or divorced, small disagreements can escalate — especially if one parent plans to take the child outside Portugal.
This article does not replace advice on your specific case. It explains, in general terms, what the law provides and what should be agreed or requested in advance.
Starting point: the parental responsibilities regulation
The regulation of parental responsibilities (residence, contact, maintenance) may have been set by homologated agreement or court decision. That document is the reference: it states where the child lives, how contact is organised and whether special limits apply (travel, communication, etc.).
If no regulation exists — or the current one no longer reflects reality — you may need to request a change before the family court or Public Prosecutor, depending on the case.
School holidays vs. normal contact
Summer holidays do not automatically override the contact schedule. Many families agree an extended period with each parent (for example, alternating fortnights or the first half of the holidays with one and the second with the other). Without agreement, the written regulation applies — which may not match the school calendar.
Practical tip: contact the other parent weeks in advance, in writing (email or message), with concrete dates. Keep a record of the exchange.
Travel abroad with minors
Taking a child outside Portugal — even to visit family in the US, Canada or Brazil — may require:
- The other parent's agreement, when both hold parental responsibilities;
- Or court authorisation, if the other refuses or cannot be located;
- Travel documents in order (passport, airline or border requirements).
Travelling without required authorisation can amount to wrongful removal — a criminal offence with serious consequences. Do not travel without confirming the legal position.
Breach of contact during the holidays
If the resident parent blocks contact provided for in the regulation, the other may:
- Request specific enforcement of the decision;
- In repeated cases, seek modification of the regulation;
- Document breaches for use in proceedings (dates and evidence).
Summer urgency does not bypass the court, but measures can be requested promptly where there is concrete risk to the child or flagrant non-compliance.
Mediation before court
Where possible, seeking agreement — directly or through family mediation — avoids months of litigation and reduces stress for children. A lawyer can draft a written agreement and, if needed, request court approval.
How we can help
The Luís Resendes law firm handles family law in Ponta Delgada: parental regulation, holiday contact changes, travel authorisations and enforcement. Contact us before taking decisions that may be hard to reverse.
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