Child Return – The Hague Convention
Representation in return proceedings for a child wrongfully removed to, or retained in, another country, under the 1980 Hague Convention. Support from notifying the central authority through to the court's ruling.
Overview
When a child is taken to, or kept in, another country without the consent of the parent holding custody rights, time works against the left-behind parent. Cabinet de Avocat Arsulescu provides full representation in return proceedings conducted under the 1980 Hague Convention on the Civil Aspects of International Child Abduction and Law no. 369/2004, the statute implementing the Convention in Romania.
A situation qualifies as international abduction whenever moving or retaining a child abroad breaches one parent's custody rights, regardless of whether the other parent also holds parental authority. Establishing this qualification is the first step of any strategy and shapes everything that follows.
The firm liaises with the central authority designated in the country where the child is located, prepares and files the formal return application, and represents the client before the competent court whenever the matter cannot be settled amicably. Courts assess the application against the child's best interests, weighing age, any safety risks, and the degree of settlement in the new environment.
The Hague Convention allows narrow exceptions to immediate return — a grave risk of physical or psychological harm, the objection of a child who has turned 16, or more than a year having passed since the wrongful removal with the child now settled into the new environment. Courts apply these exceptions restrictively and require solid evidence, which is why specialised legal support matters from the very first days.
Because these cases almost always involve cooperation between the authorities of several states, the team works both within the Hague Convention mechanisms and the specifics of the applicable national law, to build a coherent strategy from the first contact.
Fast assessment of your case and return prospects
Direct contact with the competent central authority
Drafting and filing of the return application
Court representation throughout the proceedings
Process & Timeline
Case Assessment
We determine whether the case meets the Hague Convention definition, usually within days.
Reporting to Authorities
We report the incident to the police and child protection authority in the child's location.
Central Authority Contact
We submit the file to the designated central authority with all relevant details.
Return Application
We file the formal return application together with proof of custody rights.
Court Proceedings
We represent the client at hearings; the Convention targets resolution within about six weeks.
Enforcement
We follow through on enforcement of the ruling, including mediation where appropriate.
Frequently Asked Questions
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If more than 2 years have passed since submitting your application for the recovery of Romanian citizenship and you have not yet received a response, you have the right to petition the court to expedite the procedure. We assist you in drafting and filing this request, based on your identity document and proof of submission of the citizenship application. The request is subject to a stamp duty of 50 RON.
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Expertise in your company's legal life, from formation to complex transactions and mergers.
Immigration Law
Complete assistance for obtaining citizenship, visas, and residency rights in Romania.
Joint Stock Company (S.A.) Incorporation – Complete Legal Consultancy
A structure that inspires trust in partners and investors, handled legally from share capital to Trade Registry registration.
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A registered office at our chambers, with the ONRC file prepared, filed and renewed on time, without the director travelling to Romania.
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Protection against administrative abuses and tax consultancy for tax optimization.
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Consultancy for recovering distressed businesses or managing liquidation procedures.
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Professional defense and representation in criminal cases, during investigative and trial phases.
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Safety in real estate transactions and construction projects through legal audits and rigorous contracts.
Start-up
Complete legal support for entrepreneurs: from choosing the optimal structure to protecting your ideas.
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Expertise in recovering material and moral damages following road or workplace accidents.
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Legal solutions for harmonious labor relations, protecting the interests of both employers and employees.
Civil Law
Comprehensive legal assistance for protecting your rights in property, contracts, and inheritance matters.
Social Media, Terms & Conditions
Legal protection for online businesses: social media contracts, GDPR policies, and customized terms of use.
Contact
We are here to provide Legal Support
Contact us for personalized legal support in business law, civil and commercial matters, immigration, insolvency, and debt recovery in Bucharest, Timișoara, Arad, Oradea, and Reșița. We provide clear, practical legal solutions tailored to your business and personal needs.
Our team of attorneys stands by your side to protect your rights and interests, providing comprehensive legal support in business law, immigration, litigation, and debt recovery.
Contact:
lawoffice@arsulescu.com
0739 111 113
OFFICES
Blv. General Ion Dragalina 29, Timisoara 300166
Str. Aurel Vlaicu 87, Bucuresti 030167
SCHEDULE
Monday - Thursday
09-19
Friday
09-16:30
Saturday
closed
Sunday
closed