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Do you need legal assistance for the recognition of a court order regarding a minor issued in the UK or the USA? Our firm offers specialized consultancy and legal opinions to address conflicts of laws, apply Romanian public policy, and adapt foreign measures to Romanian legislation.
Types of Court Orders Concerning Minors and Challenges in Their Recognition in Romania
UK Court Orders: Section 8 Orders
Court orders issued in the United Kingdom concerning minors often fall under Section 8 Orders of the Children Act 1989, which regulate the following:
- Child Arrangements Orders: Determine where and with whom the child will live and the contact arrangements with the other parent.
- Specific Issue Orders: Address specific matters such as the child’s education, religion, or relocation.
- Prohibited Steps Orders: Prevent one parent from taking certain actions without the other parent’s consent or court approval.
Conflicts of Laws and Recognition in Romania
The recognition of a Section 8 Order in Romania involves:
- Verifying compatibility with the Romanian Civil Code and rules regarding child protection.
- Ensuring compliance with the principle of the best interests of the child, as provided by Romanian and international law.
- Examining whether the foreign order contravenes Romanian public policy.
Example: If a Specific Issue Order permits the relocation of a minor to another country, Romanian courts will evaluate whether this decision respects the rights of the other parent under Romanian law.
US Court Orders Concerning Minors
In the United States, measures concerning minors are regulated at the state level, but general principles are unified under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Common Types of Orders:
- Custody Orders: Decisions regarding sole or joint custody.
- Parenting Time Orders: Establish visitation rights for the non-custodial parent.
- Relocation Orders: Authorize the relocation of the child to another state or country, often with specific conditions.
Challenges in Recognition in Romania
- Demonstrating that the US order was issued by a competent court under the 1996 Hague Convention on Parental Responsibility and Child Protection.
- Verifying whether the measures comply with the rights of both parents and Romanian law.
- Translating and legalizing all required documents.
Our Role in the Recognition Process
What Do We Offer?
- Detailed Legal Opinions: We analyze the foreign court order and provide clear assessments of its compatibility with Romanian law.
- Conflict of Laws Consultancy: We identify the applicable legislation and the appropriate strategy for recognition.
- Court Representation: We prepare the necessary documentation and represent you throughout the recognition and enforcement process.
- Expertise in Complex Cases: We handle situations involving conflicting orders, international relocations, or unclear parental rights.
Why Choose Our Firm?
- Extensive Experience: Specialized in private international law and the recognition of court orders from non-EU countries.
- Focus on the Child’s Best Interests: We ensure that all adopted measures align with the principle of the best interests of the child.
- Dedicated Services for the Romanian Diaspora: We provide easily accessible online consultancy for Romanians living in the UK and the USA.
Contact Us for Legal Consultancy!
IB LEGAL FAMILY finds the legal solutions to turn a court order from the UK or the USA into an officially recognized document in Romania. Our dedicated team is here to support you at every step, offering well-founded legal opinions and lawyer expert advice.
