When a child is wrongfully taken to or kept in Romania by one parent without the consent of the other, the situation falls under the Hague Convention on the Civil Aspects of International Child Abduction (1980).
This guide explains, step by step, how the procedure works in Romania, what documents are needed, and how a specialised lawyer can help you secure the return of your child quickly and legally.
When a Case Qualifies as “Child Abduction” under the Hague Convention
A case qualifies as international child abduction when:
- a child under 16 years old is taken or retained in another country (Romania or abroad);
- the move violates the custody or residence rights granted to the other parent;
- the child had habitual residence in another state before the removal.
Example:
If a parent living in the UK moves the child to Romania without the other parent’s written consent or court approval, the left-behind parent can file a return petition under the Hague Convention.
Romania’s Role and Central Authority
Romania is a signatory to the Hague Convention since 1992.
The designated Central Authority is the:
Ministry of Justice – Department for International Law and Treaties
Court Proceedings in Romania
- Romanian courts treat these cases as urgent.
- The standard goal is to decide within 6 weeks from filing.
- Hearings may include social investigations and psychological assessments.
Possible Defenses by the Taking Parent
Under Article 13 of the Hague Convention, return can be refused only in limited cases:
- risk of physical or psychological harm;
- the child is old enough and objects to return;
- more than one year passed and the child is settled in Romania;
- fundamental human rights issues.
Court Decision
- If no valid exception applies, the Romanian court will order the return of the child to the country of habitual residence.
- The decision is enforceable immediately
Enforcement
- If the abducting parent refuses to comply, the court may order enforcement with police assistance, under Romanian civil enforcement law.
How Long Does It Take?
In practice, Hague return cases in Romania take between 1 and 3 months, depending on the completeness of documents and the court’s workload.
A skilled Romanian lawyer can ensure that documents are filed correctly, reducing delays and procedural objections.
Key Documents Required
Passport and birth certificate of the child;
Custody order or court decision (if any);
Proof of habitual residence;
Evidence of parental rights violation;
Translations of all documents into Romanian;
Power of attorney (for legal representation).
Typical Scenarios We Handle
- One parent takes the child from UK to Romania after a separation.
- The mother refuses to return the child to Canada after holiday.
- A Romanian father in Switzerland seeks return after an unlawful retention.
- Cross-border couples in Netherlands or France or Germany disputing custody jurisdiction.
In each case, the focus is to restore the status quo ante — returning the child to their habitual residence for custody determination there.
Why Choose a Romanian Lawyer Specialised in Hague Cases
Experience with cross-border custody litigation;
Direct coordination with Romanian Central Authority;
Fluent communication in English;
Full representation without parent travelling to Romania;
Fast preparation and court filing within days.
Frequently Asked Questions (FAQ)
How quickly can the Romanian court decide?
Normally within 6 weeks, but may extend if additional evidence is needed.
Do I have to come to Romania personally?
No — we can represent you with power of attorney.
What if the other parent hides the child?
We can request court orders for police assistance and location disclosure.
Can the child refuse to return?
Yes, if the child is mature enough and objects — but courts verify that the objection is genuine and not induced.
Contact a Specialist Lawyer
Send your case details (court order, birth certificate, custody documents) for a free initial review.
We will:
- analyse jurisdiction and convention applicability;
- contact the Romanian Central Authority if needed;
- start urgent court action within 48 hours if appropriate.
Fast response, clear plan, and full representation in Romania. Contact us now!