Removal or retention of a child in another country may trigger urgent civil return proceedings. Their principal purpose is to return the child to the State of habitual residence so that the competent courts can address the substance of parental responsibility. Return proceedings do not automatically determine custody or establish that a criminal offence has occurred.

When the Hague Convention procedure applies

The 1980 Convention applies, in principle, to children under sixteen. Removal or retention is wrongful where it breaches custody rights under the law of the child’s habitual residence and those rights were actually exercised, or would have been exercised but for the removal or retention. Habitual residence and parental rights depend on the circumstances; the child’s nationality does not determine the answer on its own.

The Convention seeks a prompt restoration of the prior position rather than a decision on the merits of custody. Refusal to return is possible only under the Convention’s limited conditions. These include relevant issues concerning exercise of custody rights, consent or acquiescence, grave risk of physical or psychological harm, the objection of a sufficiently mature child and fundamental principles protecting human rights.

Immediate steps

  1. Prepare a chronology: where the child habitually lived, when they left or were not returned, and when you learned they would not come back.
  2. Collect documents showing parental rights and their exercise, including judgments, agreements, certificates, school and medical records, and evidence of care.
  3. Keep messages, emails, tickets, reservations and other relevant records. Preserve the original files and avoid publishing the child’s personal information on social media.
  4. Contact Romania’s Ministry of Justice, the central authority, for information about a Convention application. Check the central authority in the country where the child is located and the available transmission channels.
  5. If there is immediate danger, violence or a separate suspected offence, contact the competent authorities. Do not attempt a forcible recovery or a private cross-border removal.

Proceedings in Romania

Law No 369/2004 governs the national procedure. A return application concerning a child in Romania is heard by the court designated by the Act. Pending establishment of the Bucharest court for minors and family matters, the specialised divisions of the Bucharest Tribunal perform that role.

The Act provides hearing intervals of no more than two weeks, but the overall duration depends on service, evidence and the circumstances. The central authority checks the application and may request additional documents. A period for completing the file must not be confused with a general deadline for deciding the case.

In cases between EU Member States within its scope, Regulation (EU) 2019/1111 supplements the Convention with judicial-cooperation rules and procedural safeguards. Courts must act expeditiously, respect the child’s opportunity to express views according to age and maturity and consider appropriate protective arrangements. Passport surrender or a travel restriction is not automatic in every case; each measure needs an applicable legal basis and judicial assessment.

Useful evidence

  • Judgments or agreements concerning parental responsibility, residence and the right to determine where the child lives.
  • Records showing habitual residence before departure, such as school or nursery registration, medical records and housing documents.
  • Evidence that parental responsibilities were exercised and that consent to relocation or retention was absent.
  • A verifiable chronology and contact details for people able to confirm relevant facts.
  • Specific documents supporting any exception to return relied on.

Civil return and criminal liability are separate

The word “abduction” is sometimes used descriptively, but the Convention procedure is civil. A child travelling with one parent does not automatically establish unlawful deprivation of liberty or another offence.

Article 379 of the Criminal Code addresses parental retention of a minor without the consent specified in that provision. Article 205 concerns unlawful deprivation of liberty and requires examination of the particular elements of the conduct. The judicial authorities determine criminal classification on the evidence.

Key points

Act promptly through the competent authorities and procedures. The Convention’s application depends on the child’s age, habitual residence, parental rights and the circumstances of removal or retention. In an actual case, check the current legislation and seek assistance appropriate to the countries involved.

Official sources

General information. The applicable deadlines and outcome depend on the facts and documents in each case.