The 1980 Hague Convention

Romania has been a signatory to the 1980 Hague Convention since 1993. The Convention has three main objectives:

1. To secure the prompt return of children wrongfully removed to or retained in another contracting state;
2. To deter unilateral actions by a parent in breach of custody or access rights;
3. To ensure respect for custody and access rights legally established in the state of habitual residence.

Importantly, courts do not adjudicate on the merits of custody in such cases. Their task is solely to determine whether the removal or retention was wrongful, and whether the return of the child is legally required.

Any substantive custody disputes must be resolved exclusively by the competent court in the child's habitual residence.

Conditions for Admissibility

To successfully initiate a return request under the Hague Convention, the following conditions must be cumulatively fulfilled:

1. The child must have had their habitual residence in a Hague Convention contracting state;
2. The removal or retention must have occurred without the consent of the parent or holder(s) of custody rights;
3. At the time of removal or retention, the left-behind parent must have been actually exercising custody rights;
4. The application should be submitted within one year from the date of the abduction, although late applications may still be accepted if the child has not become settled in the new environment.

Exceptions to Return

The Hague Convention provides limited exceptions to the obligation of return, which are interpreted restrictively:

• Grave risk: If return would expose the child to a grave risk of physical or psychological harm, or otherwise place them in an intolerable situation (Art. 13(b));
• Consent or acquiescence: If the parent now seeking return had previously consented to or later acquiesced in the removal;
• Child’s objection: If the child is of sufficient age and maturity to express an objection, and the court finds that the objection is well-reasoned and voluntary.

These exceptions must be proven clearly and convincingly, as international courts tend to favor return to preserve the protective purpose of the Convention.

Legal Representation and Strategy

Given the complexity and urgency of such matters, legal counsel is essential to:

• File the return application before the competent court;
• Coordinate with central authorities in Romania and the requesting state;
• Collect and present evidence of habitual residence, custody rights, and lack of consent;
• Respond to objections and invoke appropriate legal instruments (e.g., Brussels II bis, if applicable);
• Assist in enforcement of court decisions and cross-border cooperation.

Need Legal Assistance in Romania?

At Epure & Lohmann SCA, we provide representation in cross-border child abduction cases, both in initiating return procedures and in defending against unlawful removals.
We act with discretion, speed, and full awareness of the emotional and legal complexity involved.