Romanian child abduction trials – the duration of the procedure
Romanian child abduction practice is in small steps if we are taking account the worldwide practice in child abduction matters.
Even if the 1980 Hague Convention regarding the Civil Aspects of the International Child Abduction applies and was ratified in Romania through Law no. 100/1992 and also regulation (EC) no. 2201/2003 concerning the jurisdiction, recognition and enforcement of the decisions in matrimonial matters and matters of parental authority, the proper application of Regulation was detailed long after in 2004.
Exclusive competence
The legislative document regulated an exclusive competence to Bucharest courts, so is somehow the reason the concept of child abduction is not so popular in the rest of the country besides the capital, and people are not well informed when removal or retainment without consent from the other parent is considered abduction and has civil and criminal law consequences.
Strict terms
One of the main benefit or Romania’s child abduction practice in legislation but also on court regular practice is the strictness of court terms, the celerity of the cases are granted, court terms cannot be established for more than two weeks between them.
The pronouncement of the decision of the first instance can be postponed by no more than 24 hours, and the drafting of the decision is done in no more than 7 days after the pronouncement.
5 days to appeal
The decision will be communicated to the parties and the central authority, within 48 hours after the pronunciation and the appeal can be exercised in 5 days from the communication date of the first Courts decision.
3-4 months including the appeal
The Bucharest Court of Appeal also ensures the speed of resolution of the case and drafts the decision in 7 days maximum after the pronunciation, so practically within a period of 3-4 months we have a definitive decision both on the merits and on the appeal.
Read more about child relocation and child abduction in Romania.
Read more about child abduction.
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