When a child is wrongfully taken from their country of residence or unlawfully retained in another country, international law regulates a procedure called International Child Abduction. If your child has been abducted or kept in Romania against your custody rights, or if you’re facing such an accusation, it’s crucial to understand what Romanian law says — and what legal options are available.
Here’s what you need to know about international child abduction and the legal protections under Romanian and international law.
What Is International Child Abduction?
Under the Hague Convention on the Civil Aspects of International Child Abduction, to which Romania is a signatory, international child abduction occurs when:
- A child under the age of 16 is taken or kept in a country without the consent of the person or institution with custody rights;
- The removal or retention is in breach of custody rights that were being exercised at the time.
Romania strictly adheres to the Hague Convention procedures and recognizes international efforts to return abducted children promptly to their habitual residence.
What Romanian Authorities Do in These Cases
If a child has been abducted to or from Romania, the case typically involves:
- The Romanian Central Authority, part of the Ministry of Justice, which handles requests for child return;
- The courts, which examine whether the removal or retention of the child was unlawful under the law of the child’s habitual residence;
- Law enforcement and child protection services, who may help locate the child and enforce court decisions.
Your Rights as a Parent Dealing with International Child Abduction
Whether you’re the left-behind parent or the one accused of abduction, you have legal rights under Romanian law:
If Your Child Has Been Taken to Romania:
- You can submit a Hague application for the child’s return through your country’s Central Authority or directly to the Romanian courts;
- Romania has a legal obligation to process the application within six weeks, except in exceptional circumstances;
- You are entitled to legal representation in Romanian courts;
- You may request interim protective measures, such as travel bans or child monitoring.
If You Are Accused of Child Abduction in Romania:
- You have the right to a fair trial;
- You may present defenses allowed under the Hague Convention (e.g., risk of harm to the child, objection by a mature child);
- Legal counsel can help mediate, settle or represent your position in court.
Common Defenses Against Return Requests
The Romanian court may refuse to return a child if:
- The child would be at grave risk of physical or psychological harm if returned;
- The child is mature enough to express an objection to returning and the court finds this justified;
- More than one year has passed, and the child is now well settled in Romania (but only in limited cases).
However, courts interpret these exceptions narrowly, emphasizing the child’s best interests and prompt return.
Timelines and Procedures in Romania
- Application submission to the Romanian Central Authority;
- Review and transmission to the local court with jurisdiction over the child;
- Court hearing where both parties may present evidence;
- Decision on whether the child should be returned;
- Enforcement, if the return is granted (sometimes with police involvement).
Delays can occur, so acting quickly is essential.
What If the Child Is Taken from Romania to Another Country?
Romania can also act as the requesting country under the Hague Convention. The Ministry of Justice will:
- Help you file the return request;
- Work with foreign authorities;
- Offer guidance and possibly free legal aid during the process.
Do You Need a Lawyer? Absolutely.
These cases are highly technical and emotionally charged. A Romanian lawyer experienced in:
- International family law;
- Custody disputes;
- The Hague Convention procedures
can protect your rights and improve your chances of a favorable outcome.
Conclusion
International child abduction cases are among the most complex family law matters — but you don’t have to face them alone. Romanian law, in conjunction with international treaties, offers a legal path to recover your child or defend against accusations of wrongful retention. Time, however, is critical.
Seek experienced legal help immediately to take the right steps, whether your child has been taken to Romania or from Romania.