Understanding the Recognition of UK Court Judgments in Romania After Brexit

If you obtained a court decision in the United Kingdom or are involved in a child placement or child protection order affecting Romania, an important question arises: can this decision be recognised and enforced in Romania?

The short answer is yes, in many cases, but the process depends on the type of decision, the date it was issued, and the applicable international legal framework.

This article explains, in clear terms, how UK court decisions and child placements can be recognised in Romania, what legal rules apply, and what steps you need to take.

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Recognition of UK Court Decisions in Romania: The Legal Framework

What Changed After Brexit?

Before Brexit, UK judgments were recognised in EU countries under EU regulations such as Brussels II bis.
After 1 January 2021, the UK became a third country from the EU perspective.

As a result, recognition of UK judgments in Romania now relies on:

• International conventions (especially Hague Conventions)
• Romanian private international law
• Reciprocity and public policy rules

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Recognition of Child-Related Decisions (Custody, Placement, Protection)

Can a UK Child Placement Be Recognised in Romania?

Yes, a UK court decision regarding a minor — including custody, residence, parental responsibility, or child placement — can be recognised in Romania, provided certain conditions are met.

The most relevant legal instrument is:

The 1996 Hague Convention on the Protection of Children

Both the UK and Romania are parties to the Hague Convention of 19 October 1996, which covers:

• Parental responsibility
• Child protection measures
• Foster care or institutional placements
• Guardianship decisions

Under this Convention:

UK child protection measures are recognised by operation of law in Romania
No re-trial of the case takes place
Romanian authorities verify only formal and legal conditions

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When Recognition May Be Refused

Romanian courts or authorities may refuse recognition only in limited situations, such as:

• The child was not given the opportunity to be heard (when required)
• The decision is manifestly contrary to Romanian public policy
• The UK court lacked jurisdiction under international rules
• The decision conflicts with a later Romanian judgment

These exceptions are interpreted strictly, especially in cases involving the best interests of the child.

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Recognition of Other UK Court Judgments (Civil & Family Matters)

Civil and Family Judgments (Divorce, Maintenance, Parental Rights)

UK judgments relating to:

• Divorce or separation
• Parental responsibility
• Maintenance obligations

may be recognised in Romania under Romanian Civil Procedure Code provisions on foreign judgments.

Generally, the Romanian court will check:

• Finality of the UK decision
• Proper service of documents
• Jurisdiction of the UK court
• Compatibility with Romanian public order

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Is a Special Court Procedure Required in Romania?

In most cases, yes.

To rely on a UK judgment in Romania, you usually need to file a recognition application (exequatur) before a Romanian court, accompanied by:

• The UK court decision (certified copy)
• Proof that the decision is final
• Certified translation into Romanian
• Apostille (where applicable)

For child protection measures under the 1996 Hague Convention, administrative recognition may also be possible through the Romanian Central Authority.

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Why Legal Assistance Is Essential

Cross-border cases involving children or court decisions are legally sensitive and time-critical.
A mistake in jurisdiction, documentation, or procedure can cause serious delays — especially when a minor is involved.

A lawyer experienced in UK–Romania cross-border family law can:

• Assess whether your UK decision qualifies for recognition
• Identify the correct legal framework
• Handle communication with Romanian courts or authorities
• Protect the best interests of the child throughout the process

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Conclusion: Can Romania Recognise a UK Court Decision or Child Placement?

Yes, UK court decisions — including child placements and protection orders — can be recognised in Romania
Child-related measures are mainly governed by the 1996 Hague Convention
Other civil and family judgments follow Romanian private international law
Each case requires careful legal analysis

If you are dealing with a UK court decision affecting Romania, early legal advice is strongly recommended. Contact us for more informations.