A fairly common situation in judicial practice is when parents no longer agree, they want to divorce, and before filing for divorce or before the divorce is pronounced, one of the parents leaves the country where the child's habitual residence is located without the consent of the other parent and refuses to return the children. You should know that this action is illegal, and in some countries, it is even punishable by imprisonment. You can obtain the return of the child by filing a lawsuit for international child abduction.

International child abduction, as regulated by the Hague Convention, occurs when a person (usually one of the parents or grandparents) unlawfully removes or retains a child from the territory of one state, where the child has their habitual residence, to the territory of another state without the consent of the other parentor legal guardian who has parental authority.

This can be done in two ways:

Fie prin unlawfully moving the child from the state where they have their habitual residence to another state without the consent of the other parent (for example, the parents and the child live together stably in state A, and one parent takes the child to state B without the consent of the other parent).

Fie prin reținerea ilicită a copilului într-un alt stat decât cel în care acesta are reședința obișnuită, fără acordul celuilalt părinte, deși deplasarea s-a realizat cu acordul acestuia (de exemplu: unul dintre părinți pleacă în vacanță împreună cu copilul din statul A, în care locuiesc în mod statornic, în statul B, cu acordul celuilalt părinte, pentru o perioadă de o luna. După terminarea perioadei de o lună părintele refuză să mai aducă înapoi copilul în statul A, unde acesta avea reședința obișnuită.)

What are the conditions for international child abduction?

To file a request for the return of the child based on the Hague Convention, the following conditions must be met:

Să fie încălcată autoritatea părintească a unuia dintre părinți

Autoritatea părintească să fi fost exercitată imediat înaintea răpirii

Reședința obișnuită a copilului să fie într-unul din statele semnatare ale convenției de la Haga

Celălalt părinte să nu își dea acordul pentru plecarea copilului în altă țară și nici ulterior pentru rămânerea copilului în alt stat.

If these conditions are met, the court will order the return of the child to their habitual residence.

In which countries can a request for international child abduction be made? răpire internațională minori? 

The applicability of the Hague Convention goes beyond the scope of the European Union. You can find a complete list of countries that have signed the 1980 Hague Convention on the Civil Aspects of International Child Abduction here:

https://www.hcch.net/en/instruments/conventions/status-table/?cid=24

If the child has been moved from a country on this list to another country also on the list, the provisions of the Convention apply, and a lawsuit for international child abduction can be filed.

Where should the request be filed?

International jurisdiction for resolving requests related to international child abduction belongs to the courts of the state to which the child has been moved. If the child has been moved to Romania, the request for return must be filed with the Bucharest Tribunal.

How long do you have to file a request for the return of the child?

It is recommended that this action be taken as soon as possible, but it can be filed within a period of up to 1 year.

Exceptions to the return rule

There are situations in which, even if the above conditions are met, the court will not order the return of the child to their habitual residence. These are exceptional cases and concern the presence of a serious risk that returning the child would expose them to physical or psychological harm or place them in an intolerable situation. This category includes physical or psychological violence exerted by the parent seeking return against the child.

Another situation in which the action for the return of the child may be rejected is when the child is heard and declares that they do not wish to return. The court will take into account the child's opinion if it deems that the child has reached an age and maturity that requires consideration of their opinion.

If the action for the return of the child is filed beyond the 1-year deadline mentioned above, the court will assess the extent to which the child has integrated into the new environment, and if it finds that the child has integrated, it will reject the request.

Does the age of the children matter?

Children between the ages of 0 and 16 can be returned to their habitual residence. If the child is 10 years old or older, the court must hear their opinion. It is left to the court's discretion to what extent they will consider the child's statement based on the child's age and maturity.

How long does the procedure take?

The recommended timeframe for resolving the action by the first instance is 6 weeks, but depending on the complexity of the case and the need for evidence gathering, this period may be exceeded. After the judgment is pronounced, the court has 7 days to provide the reasoning for the judgment, which is subsequently communicated to the parties.

What are the avenues of appeal against a judgment in such a case?

Appeal is the only avenue of appeal against a judgment in a case involving international child abduction. If one of the parties appeals the judgment, it cannot be enforced until the appeal is resolved.

Execution of the judgment

The judgment of the first instance is enforceable, meaning that if the return of the child to their habitual residence has been ordered, the person who unlawfully moved the child must return them. However, if the judgment is appealed, the appeal suspends the enforcement of the judgment until it is resolved.

If the person who unlawfully moved or retained the child does not willingly comply with the judgment for return, it can be enforced through the assistance of a judicial executor.

If you have any further questions regarding international child abduction, please do not hesitate to contact us. If you find yourself in one of the situations described above, and your spouse, grandparents, or other individuals refuse to return the child to their habitual residence, please feel free to contact us for our full support in obtaining a judgment that will allow you to bring your child home.