Family law - Custody of the children - Portugal

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In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorised to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.


Costs of proceedings

Costs in Portugal

Reimbursement for witnesses, guarantees and other fees applicable

Case study

Reimbursement of witnesses


Guarantees


Other fees



Do witnesses get their expenses reimbursed?

Cost

Does this possibility exist? When and how is it implemented?

Cost

Description

Cost

Case A

Yes - Table IV annexed to the Regulation on Costs of Proceedings adopted by Decree-Law (Decreto-Lei) No 34/2008, of 26 February

EUR 0.2 per kilometre





Case B

Yes - Table IV annexed to the Regulation on Costs of Proceedings adopted by Decree-Law No 34/2008, of 26 February

EUR 0.2 per kilometre






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Last update: 08/11/2019