Romanian proceedings
Romanian proceedings
F has launched a number of legal applications in Romania:
He filed a criminal complaint on 2 September 2024 against M for alleged child abduction. That appears now to have been withdrawn.
He made an application to the Cornetu Court on 2 October 2024 for what in England would be termed a child arrangements order. No hearings have taken place.
He applied in the Bucharest court for the return of A to Romania by application dated 6 November 2024. Jurisdiction was denied by the tribunal because A was in England.
He made a further application to the Cornetu Court on 3 March 2025 for the exercise of parental responsibility, for A to live with him but in the alternative, to secure visitation with A. This is distinct from the process under (b) above because it is intended to address temporary, urgent situations. A number of hearings have taken place, most recently on 19 September 2025, and a further hearing is due on 10 October 2025. On 20 August 2025 a request under the 1970 Hague Convention on the Taking of Evidence Abroad was made via the Romanian Central Authority to obtain an assessment of A’s living conditions from the relevant English local authority.
M has made no applications of her own (for example for relocation) but has been represented at the various hearings.
Expert evidence
At a case management hearing, an order was made for a SJE report on relevant Romanian law. The SJE has stated that:
The majority of orders and undertakings made in the English proceedings would be recognisable and enforceable under the 1996 Hague Convention, to which both the United Kingdom and Romania are signatories.
An application for recognition by way of exequatur would need to be made to the Romanian courts.
If not directly recognisable, equivalent measures can be sought.
There are various remedies and legal protections for victims of domestic abuse, and legal aid is available.
F made a statement dated 30 June 2025 withdrawing any criminal proceedings in Romania. That is “likely to terminate criminal proceedings”, but “the most prudent course is to obtain official confirmation from the Prosecutor’s Office that the file has been closed…before any return”.
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