International child abduction occurs when one parent wrongfully removes or retains a child in another country, breaching the other parent’s custody or access rights.

🟦 Where your child belongs

COUNTRY A
Your child lives here every day
This is the child’s normal home
(habitual residence)

🟧 What happens

One parent takes the child abroad
or
does not bring the child back after a visit

without the other parent’s agreement

🟥 The legal problem

This situation is called
INTERNATIONAL CHILD ABDUCTION

Key Time Limits You Must Know

• Under 12 months from abduction → return is very possible
• Over 12 months → return may still be ordered, but courts assess whether the child is “settled”.

Delay seriously weakens your case. Early legal action is critical.

Common Mistakes Foreign Parents Make

❌ Waiting too long before contacting a lawyer
❌ Starting custody proceedings in the wrong country
❌ Assuming civil or criminal law in the country of the habitual residence will solve a civil Hague case
❌ Acting without cross-border legal coordination.

A common and costly legal misconception in international child abduction cases

A frequent and serious error made by parents in international child abduction cases is the belief that initiating court proceedings in the child’s country of habitual residence—that is, the country from which the child was removed or in which the child resided prior to the removal—will, by itself, lead to the return of the child.

This assumption is legally incorrect.

Parents often believe that if they have already initiated, in the child’s original country:

• custody proceedings,
• civil proceedings concerning parental authority,
• interim or final court orders relating to the child,

the child will necessarily be returned from the country where they are currently located.

This belief has no legal basis in international child abduction law.

Why proceedings in the country of habitual residence do not resolve the abduction

Court proceedings initiated in the child’s country of habitual residence:

• do not produce an automatic obligation to return the child from another state,
• do not suspend or neutralize the legal effects of an international abduction,
• do not substitute the specific international return mechanism applicable in such cases.

Even where a court decision has already been issued in another country, such a decision:

• does not have automatic legal effect in Romania,
• does not, by itself, trigger the return of the child,
• cannot replace a return procedure under international law.

Jurisdiction and procedural requirements

A return application under the Hague Convention must be initiated:

• in the state where the child is currently located, in our case Romania,
• through the competent authorities and courts designated under the Convention,
• within the procedural framework specifically designed for international abduction cases.

Proceedings initiated exclusively in the child’s original country do not satisfy these requirements.

Consequences of relying solely on foreign court proceedings

Where a parent relies only on:

• custody litigation,
• civil proceedings,
• protective or interim measures,

initiated in the country of habitual residence, the following consequences may arise:

• the child may lawfully remain in the state to which they were taken,
• the passage of time may undermine the effectiveness of a future return request,
• the legal position of the left-behind parent may be significantly weakened.

In some cases, by the time a Hague Convention application is finally filed, the return of the child may no longer be ordered.

Recognition and enforcement limitations

A court decision rendered in another state:

• does not automatically produce legal effects in Romania in matters of international child abduction,
• does not override the procedural autonomy of Romanian courts,
• does not resolve the issue of wrongful removal or retention under the Hague Convention.

Only a return application lodged under the Convention can initiate a legally binding and enforceable return procedure.

The correct legal approach

Custody proceedings and foreign court orders:

• may continue in parallel,
• may become relevant once the child is returned,
• may support future custody determinations.

However, they do not replace and cannot substitute a Hague Convention return application.

International child abduction cases cannot be resolved solely through custody judgments or civil proceedings initiated in the child’s country of habitual residence.
They are resolved by timely and proper recourse to the return mechanism established by the Hague Convention.

Failure to initiate such proceedings promptly may irreversibly affect the outcome of the case.

How a Hague Child Abduction Case Works Filing the Application

The left-behind parent files a request through the lawyer.

Court Proceedings

A local court examines:

• habitual residence
• custody rights
• timing (less or more than 12 months)

Hague cases are urgent by nature. Courts are encouraged to resolve them within 6 weeks.

Decision

Possible outcomes:

• immediate return of the child
• refusal of return (only in exceptional cases)

Legally, this is not about custody merits, but about jurisdiction and immediate return of the child to the country of habitual residence.

Wrongful Removal vs Wrongful Retention

Understanding this distinction is crucial:

• Wrongful removal
  The child is taken abroad without the consent of the other parent or in violation of a court order.
• Wrongful retention
  The child was lawfully taken abroad (holiday, visit) but not returned at the agreed time.

The Core Principle of the Hague Convention

Courts do not decide who is the better parent in Hague proceedings.
They only decide:

• Where the child normally lived
• Whether removal or retention was unlawful

When the Hague Convention Does Not Apply

The Convention does not apply if:

• the country is not a signatory
• the child is over 16
• no custody rights existed

In such cases, strategic international litigation, diplomatic channels, or domestic custody proceedings are required.

Frequently Asked Questions

If I have already started custody proceedings in the child’s home country, will my child be returned automatically?

No.
Custody proceedings initiated in the child’s country of habitual residence do not automatically result in the return of the child from another country. International child abduction cases are governed by a specific return mechanism under the Hague Convention, which is separate from custody litigation.

Does a custody order issued abroad have legal effect in Romania in an abduction case?

Not automatically.
A foreign custody order does not, by itself, produce automatic legal effects in Romania with respect to international child abduction. Such an order does not replace a return application and does not oblige Romanian courts to order the child’s return outside the framework of the Hague Convention.

Can a Hague Convention return application be replaced by civil or family law proceedings?

No.
International child abduction is addressed exclusively through a return application under the Hague Convention on the Civil Aspects of International Child Abduction, adopted under the framework of the Hague Conference on Private International Law. Civil proceedings, custody actions, or protective measures cannot substitute this procedure.

In which country must a Hague Convention return application be filed?

A return application must be initiated in the country where the child is physically located at the time of the application. Proceedings initiated only in the child’s original country do not activate the Hague return mechanism.

Can custody proceedings continue while a Hague return case is pending?

Yes.
Custody proceedings may continue in parallel in the child’s country of habitual residence. However, those proceedings do not influence the limited scope of the Hague return procedure, which focuses exclusively on the child’s return, not on custody merits.

Why is it risky to wait and rely only on foreign court proceedings?

Delay can significantly weaken a return case.
If a parent relies solely on custody or civil proceedings in the original country and delays filing a Hague application, the passage of time may allow the other parent to invoke defenses such as the child’s settlement in the new environment. This can affect the outcome of the return proceedings.

Does the Hague Convention decide which parent should have custody?

No.
The Hague Convention does not decide custody or parental responsibility. Its sole purpose is to determine whether the child was wrongfully removed or retained and whether the child should be returned to the state of habitual residence. Custody issues are decided separately, after return, by the competent courts.

What happens if I win a custody case abroad but do not file a Hague return application?

Winning a custody case abroad does not guarantee the child’s return.
Without a Hague Convention return application filed in the country where the child is located, the child may remain abroad despite the existence of a foreign custody judgment.

Is international child abduction a criminal or a civil matter?

Under the Hague Convention, international child abduction is treated as a civil matter focused on the child’s return. Criminal proceedings, where applicable, do not replace or override the Hague return procedure.

What is the most important first step in an international child abduction case?

The most important step is to seek specialized legal advice and initiate a Hague Convention return application as soon as possible in the country where the child is located. Early action is often decisive for the success of the case.

Why Legal Strategy Matters in International Child Abduction

Although the Hague Convention is international, cases are decided locally.
Each jurisdiction interprets:

• habitual residence
• defenses
• procedural rules
  differently.

This is why foreign parents need:
Hague-specific expertise
multilingual legal coordination
rapid court action

 How the process works

Parent left behind
➡️ asks for help➡️the lawyer prepares and files the application with the competent court in the country where the child has been wrongfully removed or retained — in this case, Romania ➡️ a court in the current country reviews the case➡️ a decision is made➡️ in most cases, the child is returned

Key message for parents

This process is not about winning custody.
It is about bringing your child back home safely and lawfully.

When you should act immediately

Contact an international family lawyer if:
→ your child was taken to another country
→ your child was not returned after a visit
→ you are a foreign parent facing cross-border issues

Early legal action can make the difference.

Your child’s return cannot wait.

Speak to our IB LEGAL international family lawyers now.