In Romania, the general rule after divorce is joint exercise of parental responsibility. Sole exercise by one parent is an exception requiring justified reasons and an assessment of all the circumstances in the child’s best interests.
What does the court examine?
The court considers actual risks to the child and each parent’s ability to make safe, balanced decisions about upbringing, education and health.
Relevant situations may include family violence, abuse, serious neglect, addiction affecting care, serious unmanaged mental-health difficulties or psychological conduct which harms the child. Allegations of parental alienation require careful factual and legal assessment rather than reliance on a label.
A diagnosis or allegation alone does not automatically justify sole parental responsibility. The evidence must establish the actual effect on the child and the reasons why the proposed measure is appropriate.
Why is parental conflict not usually enough on its own?
Separation can create tension between adults, but sole exercise is a significant measure which requires objective justification. The court assesses what best protects the child’s safety, stability and welfare, rather than deciding which parent should be rewarded for being right in the adult dispute.
The nature and consequences of the inability to cooperate matter. An ordinary disagreement should not be equated automatically with a statutory ground for sole exercise.
The child’s participation and views
A child has a right to be heard under the applicable rules. Hearing a child aged ten or older is generally compulsory in proceedings concerning them. Their views are considered according to age and maturity.
The court assesses those views alongside the other evidence, including whether they have been freely expressed. The final decision remains focused on the child’s best interests; the hearing is not a requirement for the child to choose a parent.
Relevant evidence
The social inquiry and official records can help establish the child’s living environment and any risks. Depending on the facts, relevant material may include medical documents, protection orders, domestic-violence records, authority reports and appropriate psychological assessments.
The evidence should explain the child’s actual safety, stability and needs. No single report or category of document automatically determines the decision.
Can the arrangement later be changed?
Measures concerning parental responsibility may be varied when the circumstances underlying the original decision change. A new application requires the relevant factual and legal basis; it is not simply a way to repeat an unsuccessful argument without a material change.
Information notice
This article explains general considerations relevant to sole exercise of parental responsibility after divorce. Each case depends on the actual facts, applicable law and evidence.
