{"id":6649,"date":"2026-03-01T18:22:40","date_gmt":"2026-03-01T18:22:40","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6649"},"modified":"2026-11-07T13:25:30","modified_gmt":"2026-11-07T13:25:30","slug":"kidnapping-of-minors-complete-guide-for-parents-and-legal-solutions","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/rapirea-de-minori-ghid-complet-pentru-parinti-si-solutii-juridice\/","title":{"rendered":"International child abduction: return proceedings and practical steps"},"content":{"rendered":"
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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.<\/p>

When the Hague Convention procedure applies<\/h2>

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\u2019s 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\u2019s nationality does not determine the answer on its own.<\/p>

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\u2019s 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.<\/p>

Immediate steps<\/h2>
  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.<\/li>
  2. Collect documents showing parental rights and their exercise, including judgments, agreements, certificates, school and medical records, and evidence of care.<\/li>
  3. Keep messages, emails, tickets, reservations and other relevant records. Preserve the original files and avoid publishing the child\u2019s personal information on social media.<\/li>
  4. Contact Romania\u2019s 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.<\/li>
  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.<\/li><\/ol>

    Proceedings in Romania<\/h2>

    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.<\/p>

    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.<\/p>

    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\u2019s 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.<\/p>

    Useful evidence<\/h2>