For romanian and foreign parents living in the United Kingdom, a child custody decision (Child Arrangements Order) issued under Section 8 of the Children Act 1989 is essential for establishing parental responsibility. But how can such a decision be recognized and enforced in Romania?

What is Section 8 of the Children Act 1989?

Section 8 of the Children Act 1989 regulates the following types of child-related orders:

• Child Arrangements Order – establishes with whom the child lives and with whom they can spend time.
• Prohibited Steps Order – prohibits a parent from making certain decisions without the consent of the other.
• Specific Issue Order – regulates specific aspects of child-rearing (e.g., education, medical treatment).

Recognition and Enforcement of Custody Decisions Issued in the UK

Due to the UK’s exit from the EU (Brexit), the rules regarding the recognition of foreign decisions have changed. However, there are several procedures through which a custody decision can be recognized in Romania:

1. The 1996 Hague Convention

Both the UK and Romania are signatories of the 1996 Hague Convention on Child Protection. Under this convention, child custody decisions can be recognized in another signatory country without the need for a lengthy exequatur process.

2. Exequatur Procedure in Romania

If the decision is not automatically recognized under the Hague Convention, the exequatur procedure must be followed according to the Romanian Code of Civil Procedure. This involves:

• Filing a request with the competent Romanian court;
• Submitting the translated and legalized UK decision;
• Providing proof that the decision is final and enforceable.

Important Aspects for Romanian Parents

• Establishing International Jurisdiction: The decision must be issued by a competent UK court, and the child must have had habitual residence there at the time of the ruling.
• Best Interests of the Child: Romanian courts will analyze whether the decision aligns with the child’s best interests under national law.
• Possibility of Modification: If circumstances change, the parent can request the modification of the decision in both the UK and Romania if necessary.

The recognition of a child custody decision issued in the UK depends on various legal and administrative factors. Romanian parents facing such situations should consult a lawyer specializing in private international law to ensure that their rights and those of the child are protected.

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