Romania
How can you prepare child relocation from or within Romania? What if your child has been relocated without your consent?
Romania is part of Europe. The judgments of the European Court of Justice apply. And the Council Regulation (EC) No 2019/1111 of 29 June 2019 (Brussels II ter) is valid in The Netherlands. Romania is a member of the Hague Convention on Child Abduction. Romania is not a Schengen country (not a member of the Schengen agreement that lead to ending of border controls between member countries).
We will explain what this means for your options.
Country Reporter:
Eniko Fulop
Eniko is a private international lawyer with more than 18 years of experience. She works from her law firm in Bucharest.
She speaks 6 languages and focusses on international family law and procecting the interest of children.
Eniko has volunteered to keep this page about Romania up to date.
Lawyers and mediators in Romania
We provide a list of lawyers and mediators in Romania, who can assist you in drafting an international parenting plan, in preventing conflicts over the primary residence of the children, and in negotiating and litigating over the children in the event of relocation or child abduction.
Parental authority: Romania
Authority
Parental authority in Romania, is granted for both parents but only if they are married or the father recognized the child.
If there is no marriage and the father does not recognize the child, the mother has exclusive authority.
If the couple is married it is presumed that the spouse is the father and automatically has parental custody.
After divorce or separation, parents normally retain joint parental authority, including the right to decide the place of residence.
Sole custody can hardly be obtained, only by court’s decision, and only if the proves are enough to demonstrate that one of the parents lack the interest on the child, does not contribute to his/ her wellbeing, does not wants visiting rights, or puts in danger the physical or emotional well-being of the minor.
Traveling with children: Romania
Travaling with children
In case of joint custody traveling with children can happen only if the other parent, with whom joint custody is shared, gives a power of attorney, in the authentic form before the public notary.
In case the power of attorney is refused, the other parent can request a presidential ordinance, which is an emergency measure form the court to substitute in the parental right of the other parent.
Substitute permission
In case the power of attorney is refused, the other parent can request a presidential ordinance, which is an emergency measure form the court to substitute in the parental right of the other parent.
Child relocation: Romania
If a parent wants to move with the children and the other parent with parental authority refuses to give permission, the parent who wants to move can request permission from the court with the presidential ordinance mentioned above.
It is no easy to obtain permission to relocate, and the court gives only in extremely specific cases, and only if really it is for the child best interest.
Child abduction: Romania
Child abduction
Romania is a party to the Hague Convention on Child Abduction.
All the procedure is detailed in the Law regarding the application of ther Hague convention, where is expressly detailed the procedure of the trial, the deadlines, terms, the enforcement of the decision, the restitution procedure.
Government
For more information, you can contact the Central Authority This is a first point of contact if you want your children to be returned.
They will forward your request for the children to be returned to the other parent to seek a voluntary return. If the parent opposes or doesn’t answer, the Central Authority will ask the State lawyer to present the return application at court.
However, you are not obliged to contact the Central Authority first nor to continue the proceeding with the State Lawyer. You can also contact a private lawyer to apply for restitution at court.
Court procedure
In Romania the restitution proceedings will be handled only by Bucharest Tribunal, who by the law has exclusive competency in first grade, and the Court of Appeal of Bucharest, which has exclusive competency on the appeal.
The Romanian law respects the period limits of the Convention, in first grade each hearing is
Child participation
The court will decide in each case if the child will be heard by the court. Children from the age of 12 have the right (not the obligation) to be heard. Younger children can be heard by the court if the child is mature enough.
The child interview by the court is not the only way a child’s opinion can be heard. There can also be a report prepared by an independent expert.
The Public Prosecutor’s Office, defender of minors, will always act in all processes that affect minors.
Mediation
Mediation is possible in Romania by law, but in practice is not really used, as not all the mediators have law degree.
Execution
The appeal of the parent suspends the execution of the return order.
Prevention
If the child is in Romania, and the parent is unsure about the current residence, the Central Authority can help finding the child.
In case of fear that the child could be abducted can be requested specific measures:
• child’s passports to be deposited with judicial authorities
• obtain orders to prevent the removal of the child
• issuing prohibition to leave the country orders, with border and/ or port alerts.
Legal aid
Legal aid can be offered but in very specific cases.
For more details: check country profile of Romania on the website of HCCH.
Criminal law : Romania
Criminal law
Parental child abduction can be a criminal offence in Romania, depending on the circumstances of the case.
For example, if the other parent at the moment of the abduction had false documents for proving the power of attorney can be considered a criminal offence.
Relevant websites : Romania
Permission form to travel with children
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Implementing act
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Government website on Child Abduction:
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Central Authority
www.just.ro : Ministry of Justice
Subsidized legal aid
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Blogs about Romania
Romanian child abduction trials – the duration of the procedure
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...
Relevant case law in Romania
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