The international relocation of minors and requests for their return to their habitual residence are sensitive and complex legal matters, especially when parents are separated or divorced and live in different countries.

In Romania, legal processes exist to address both international relocation of minors and situations where a child has been wrongfully removed or retained abroad. This article provides important legal information for foreign parents regarding both international relocation of minors and legal procedures for returning a child to the country they were initially moved from, as per Romanian law and international treaties.

What is International Relocation of Minors?
International relocation of minors refers to a situation where a parent or legal guardian intends to move a child from one country to another. This can happen during a divorce or custody dispute, and the legal considerations are guided by Romanian national law and international family law agreements, such as the Hague Convention on International Child Abduction.

When there are disagreements between parents regarding relocation, or when a parent has unilaterally relocated the child without the other’s consent, the issue is subject to judicial review. Romanian courts intervene to determine whether the relocation serves the best interests of the child.

Legal Framework for International Relocation of Minors in Romania

Custody Agreements and Parental Consent
Before relocating a minor internationally, the custodial parent must obtain consent from the non-custodial parent if they share custody, or legal permission from Romanian courts. If the non-custodial parent objects to the relocation, the parent seeking relocation must provide substantial proof to demonstrate how it benefits the child.

The Hague Convention on International Child Abduction

Romania is a signatory of the Hague Convention, which provides legal mechanisms for the return of a child who has been wrongfully removed or retained in another country. Under the Convention, if a child is relocated without the other parent’s consent, the aggrieved parent can request the child’s return to their habitual residence under international legal procedures.

Judicial Review in Custody Cases
If there is a dispute regarding a child’s relocation, the court evaluates the case thoroughly, considering several factors to determine what is in the child’s best interest. Factors such as the relationship between the child and the parents, the child’s preference, the reasons for the relocation, and the social stability in the new country are carefully reviewed.

Requests for the Return of Minors to Their Habitual Residence

In cases where a child has been wrongfully relocated, Romanian family law allows the affected parent to make a request for the child’s return to their habitual residence. Such requests typically fall under the framework of the Hague Convention on International Child Abduction, as follows:

Wrongful Retention and Removal of Minors
A parent whose child has been removed or retained in Romania without their consent can request the child’s return to the country of habitual residence. According to the Hague Convention, the child must be returned unless there are substantial reasons why the return would not be in the child’s best interests (e.g., risk of harm).

Return Procedure and Court Action
The parent seeking the return of the child must apply to a Romanian court for the child’s return. The court will first assess the child’s habitual residence and then decide whether the child should be returned based on the facts of the case, including whether the removal or retention violates the custody rights of the other parent.

Defenses to Return
The party who unlawfully retained the child may raise defenses to contest the return. These defenses might include concerns about the child’s safety or objections to the relocation. However, Romanian courts and international conventions prioritize the child’s rights and the principle of their immediate return if removal was unlawful.

Steps for Requesting the Return of a Child to Their Habitual Residence

If a child has been wrongfully relocated or retained, the left-behind parent must take several legal steps to have the child returned:

File a Petition for Return
The parent must file a legal request for the child’s return under the Hague Convention. The petition is typically filed in the family court of the country where the child has been brought (in this case, Romania). The filing should include evidence of the wrongful relocation and proof of the child’s habitual residence.

Court Hearing
Following the submission of the petition, Romanian courts will review the case, considering factors such as the legality of the child’s removal and the best interests of the child. A hearing will be held to assess whether the child’s return is legally justified and in the child’s best interest.

Cooperation with International Authorities
The Romanian courts cooperate with international authorities to enforce return orders. If necessary, the case may be escalated through diplomatic channels to ensure compliance with the Hague Convention.

How IB Legal Family Can Assist with International Relocation and Return Requests

At IB Legal Family, we specialize in handling both international relocation cases and requests for the return of minors under the Hague Convention. Our team of experienced family law attorneys assists with all aspects of international child custody and relocation cases, including:

• Providing legal advice on international relocation and custody cases

• Assisting in filing requests for the return of minors to their habitual residence

• Representing clients in Romanian courts for hearings related to the wrongful relocation of children

• Guiding clients through Hague Convention procedures for the return of children

Why Choose IB Legal Family?

Our law firm is dedicated to providing personalized legal services to parents involved in international family disputes. With a deep understanding of both Romanian law and international legal frameworks like the Hague Convention, we offer expert support for both relocation and return procedures, ensuring that the child’s well-being and parental rights are protected throughout the process.