Law No. 369 Of 15 September 2004 (Republished)

Original Language Title:  LEGE nr. 369 din 15 septembrie 2004 (*republicată*)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 369 of 15 September 2004 (* republished *) (* updated *) on the implementation of the Convention on the civil aspects of international child abduction, done at the Hague on 25 October 1980, to which Romania acceded through Act No.. 100/1992 (updated October 7, 2015 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. III of law No. 63/2014 for the modification and completion of the law #. 369/2004 on the implementation of the Convention on the civil aspects of international child abduction, done at the Hague on 25 October 1980, to which Romania acceded through Act No.. 100/1992 published in the Official Gazette of Romania, part I, no. 352 from May 13, 2014, giving it a new texts.
Law No. 369/2004 was published in the Official Gazette of Romania, part I, no. 888 of 29 September 2004.


Article 1 (1) the Ministry of Justice is the central authority from Romania for performing the obligations established by the Convention on the civil aspects of international child abduction, done at the Hague on 25 October 1980, to which Romania acceded through Act No.. 100/1992 published in the Official Gazette of Romania, part I, no. 243 of 30 September 1992, hereinafter referred to as the Convention.
  

(2) in the Central Romanian authority, Ministry of Justice cooperates with the central authorities of other States parties to the Convention and cooperate with Romanian authorities and institutions with competences in the scope of the Convention.
  

(3) the competent institutions and the Romanian authorities are obliged to pay as soon as the Central Romanian authority support through transmission of data held by these suitable skills, as a result of the requests set out in the application of this law.
  


Article 2 (1) settlement to a natural person, the institution or body concerned of any State party to the Convention for the return of children in Romania as a result of a wrongful or unjustified within the meaning of art. 3 of the Convention, is of the competence of the Court.
  

(2) the competent court for the settlement referred to in paragraph 1. (1) the Juvenile Court is friends and family.
  


Article 3 where an individual, institution or body interested in the State's central authority party to the Convention-type request to the central authority, it shall verify that the conditions laid down in article 21. 8 para. 2 of the Convention and, as appropriate, within 10 days of receiving the request will require completion of or supporting documents. Where the request does not meet the conditions laid down in articles 81 and 82. 4 of the Convention, the Central Romanian authority will refund request.


Article 4 an individual, institution or body concerned whose application satisfies the conditions laid down in article 21. 8 para. 2 of the Convention shall be eligible for free legal assistance within the framework of the resolution of the request for return, regardless of its State. Provisions of art. 6-8 ^ 1 of the Government Emergency Ordinance nr. 51/2008 public aid in judicial procedures in civil matters, approved with amendments and completions by law No. 193/2008, as amended and supplemented, and the law. 51/1995 for the Organization and exercise of the profession of lawyer, republished, with subsequent amendments, shall apply accordingly.


Article 5 (1) at the request of an individual, institution or body concerned or to the central authority of the requesting State, the Central Romanian authority will facilitate the granting of judicial assistance free of charge by a lawyer. For this purpose, the authority shall submit to the Central Romanian, immediately the entire documentation transmitted in accordance with article 3 Dean's bar in Vienna court competent to hear and determine the application for return.
  

(2) pursuant to article 1. 8 ^ 1 of the Government Emergency Ordinance nr. 51/2008, approved with amendments and completions by law No. 193/2008, as amended and supplemented, Dean of the Bar Association shall, within three days, by a decision, to the person with habitual residence abroad which made the request for return, binding, ex officio, a lawyer for the appeal, court representation and assistance in the first instance, the ordinary and extraordinary remedies, and initiation of enforcement measures.
  

(3) the lawyer designated pursuant to paragraph 1. (2) the application for return to introduce competent court, within 7 days from the date of receipt of the notification of its designation.
  

(4) the designated Lawyer shall be entitled, for each stage of the process, the fee set out in the Protocol between the Ministry of Justice and the National Union of bars in Romania relating to the fixing of fees of lawyers within the judicial system of public aid.
  

(5) within 48 hours from the date of expiry of the lawyer designated pursuant to paragraph 1. (2) it will repay the entire Central Romanian authority documentation submitted according to paragraph 1. (1) as well as the acts of court, on the occasion of the instrumentation of the application for return.
  


Article 6 the Central Romanian authority has evidence that the minor whose return is requested is in the territory of another State party to the Convention, will forward the request directly and without delay to the central authority of that State shall inform the requesting central authority, or where appropriate, the applicant.


Article 7 the provisions of art. 4 and 5 shall not preclude the possibility that individual, institution or body concerned to refer the matter to the competent court either personally or through an attorney. Where the representation is made by lawyer chosen, and Romanian central authority was initially notified under art. 3, it will make available to the advocate application form completed and all documents submitted by the competent authorities of the requesting State. The Central Romanian authority will continue to exercise the other powers assigned under art. 7 of the Convention.


Article 8-refusal of the Romanian central authority to accept a request for an investigation of backwardness, under art. 27 of the Convention does not prevent the natural person, the institution or body concerned to talk directly to the competent court.


Article 9 (1) Causes aimed at settlement of the return of a child in Romania under the conditions of art. 3 of the Convention shall be settled and, in particular, with the attendance of Parties at short notice.
  

(2) the Prosecutor's participation is mandatory.
  

(3) the resolution of the request will be made with the person about the contradictory that it claims to have moved or detained minor in Romania.
  

(4) is not required to respond to.
  

(5) the terms of judgment may not be older than two weeks.
  

(6) If it is necessary the presence of an interpreter, the Court shall order all measures required by the Court under the provisions of law No. 304/2004 on the organisation, republished, with subsequent amendments and additions.
  


Article 10 the applicant from abroad is obliged to indicate the chosen domicile in Romania where they are to make all communications concerning the process. In the absence of such an address chosen, of documents is carried out via the Central Romanian authority and the central authority of the State in which the applicant resides.


Article 11 (1) before the Court, parties may submit any documents and information related to your question. Acts emanating from the competent public authorities of the requesting State are valid in court without any legalization or similar formality, according to art. 23 of the Convention.
  

(2) the Court shall proceed to settle the case expeditiously. In doing so, the Court will administer the test with entries and, to the extent that this evidence is not sufficient, or the circumstances of the case so require, can be administered to other evidence.
  

(3) the Court may take into account the law and of judicial or administrative decisions of the pertinent foreign, without needing to have recourse to the specific procedures for recognition of foreign judgment. In addition, the Court may request the complainant submitting a ruling or other document emanating from the authorities of the State where the child has his habitual residence, stating, if that State law allows it, the fact that the movement of the child in the territory of that State or withholding occurred in violation of a law relating to assignment, assigned according to the law of any foreign State.
  

(4) the Hearing of the child who has reached the age of 10 years is mandatory. The child who has not reached the age of 10 years will be able to be heard, if the Court considers it necessary.
  

(5) in all situations, the hearing of the child will be attending psychologist within General Directorates for social assistance and child protection at the level of the sectors of Bucharest, which will draw up, at the request of the Court, a psychological report.
  


Article 12 the Court may cooperate with authorities of the State where the child was habitually resident, either directly or through its central authority.


Article 13


(1) the duration of the trial, the Court may take through the conclusion of any appeal is not subject to any of the child protection measures provided for in the legislation in force.
  

(2) If there are grounds justifying fears that the minor could be moved outside the borders of Romania to be removed from the procedure for return open according to the Convention and of this Act, the Court establishes that the application for return, will become available through the conclusion of any appeal is wide, lifting the child's passport or other travel document, if applicable. So far as the lifting of the passport or other travel document ordering over a certain period of times until such reasons that justified it. A copy of the ruling shall be communicated to the Romanian authority which issued the passport or other travel document, if applicable, the General Directorate of Passports or General Inspectorate for immigration, under the Interior Ministry.
  


Article 14 (1) if the Court finds that the child's removal or retention is wrongful in Romania within the meaning of art. 3 of the Convention, shall order return of the child to the country in which he has his habitual residence.
  

(2) the Court shall fix, in the judgment, a time limit for performance of the obligation for return of the child, which shall not be more than two weeks of the notification of the decision appealed from. The term is fixed under penalty of a fine in favour of the Romanian State, between 2,500 and 12,500 lei lei.
  

(3) with the pronouncement of the Court will be able to return, has one of the following measures: (a) the minor's passport) teaching of the travel document or, where appropriate, by the respondent to the applicant party;
  

(b) order the defendant father) to giving up the contest for the issue of a travel document on behalf of the minor times to refill his agreement in this regard.
  

At the same time, in the same judgment, the Court may permit the plaintiff to take the minor in person or, where appropriate, through a representative, in the event of a refusal by the voluntary execution of the obligation for return within the period prescribed.

(4) the costs for the return of the minor shall be determined pursuant to article 51. 26 final of the Convention.
  

(5) Notwithstanding the provisions of paragraph 1. (1) the Court may order any measure referred to in article 1. 12 and 13 of the Convention.
  


Article 15 (1) of first instance Judgment which ordered the return of the child is enforceable.
  

(2) the judgment of the first instance may be delayed by not more than 24 hours, and the wording of the judgment shall be made not later than 7 days after delivery.
  

(3) a judgment will be communicated to the parties and the central authority within 48 hours at the redaction.
  

(4) a judgment is subject to appeal to the Court of appeal Bucharest, Department for minors and the family, within 10 days of receipt. The appeal suspends the execution of the judgment handed down in first instance. The dossier will be forwarded to the Bucharest Court of appeal, within five days of the expiry of the period for appeal.
  

(5) Issuing by the Court of appeal may be delayed by not more than 24 hours, and the drafting of the decision of the Court of appeal shall be made within 7 days of delivery. A copy of it will be communicated ex officio to the Central Romanian authority within 48 hours at the redaction.
  


Article 16 (1) the Romanian central authority during the term set by the Court, under art. 14. (2) will follow if the obligation to return the child is observed by the person bound to it. To this end, it has the right to request information from the authorities and institutions involved.
  

(2) where the obligation to return the child is not executed voluntarily within the time limit fixed by the Court, the Central Romanian authority shall inform the Court about the failure. The Court shall, without delay, a copy of the enforcement by the tax authorities, for the purposes of enforcing the fine.
  

— — — — — — — — —-. (2) of article 9. 16 amended by CORRECTION No. 369 of 20 September 2004, published in Official Gazette No. 750 on October 7.


Article 17 (1) If the judgment for return of the child in the State of habitual residence is not executed voluntarily within the time limit fixed by the Court, shall be enforced, according to the code of civil procedure. Provisions of art. 888 of the code of civil procedure shall apply accordingly.
  

(2) the advocate appointed under art. 5 calls for judicial aid in the form of public fees of the bailiff. The provisions of article 26 of the Government Emergency Ordinance nr. 51/2008, approved with amendments and completions by law No. 193/2008, with amendments and additions thereto, shall apply accordingly.
  

(3) the Court shall grant public aid, pursuant to article judicial. 8 ^ 1 of the Government Emergency Ordinance nr. 51/2008, approved with amendments and completions by law No. 193/2008, as amended and supplemented.
  

(4) the advocate application execution, accompanied by enforcement, the bailiff appointed under art. 26 of the Government Emergency Ordinance nr. 51/2008, approved with amendments and completions by law No. 193/2008, as amended and supplemented, within 7 days from the date of receipt of the notification of the designation of the President of the territorial Chamber of bailiffs.
  

(5) the execution will be carried out in the presence of a representative of the General Directorate of social assistance and child protection territorially. The bailiff may request the competition police, who are required to assist with priority.
  

(6) following the execution, the minor will be taken over by the lender from abroad or by a person empowered to that end.
  


Article 18 the Central Romanian Authority will inform the central authority of the requesting State that represents the return to the fold if a natural person, the institution or body concerned abroad who made it: a) does not respond within 60 days, the Central Romanian authority requests;
  

b) gives the competition with a view to taking over the juvenile in the proceedings for enforcement.
  


Article 19 (1) pursuant to art. 15 of the Convention, at the request of a judicial or administrative authorities of a State party to the Convention, the Court may pronounce a judgment Romanian to confirm if, according to the Romanian legislation, or withholding the child having habitual residence in Romania, the territory of that State, was made in breach of any law relating to custody.
  

(2) The resolution of the application the Court will be able to attest, as appropriate: a) owner concerning the child;
  

b) content and limits of the rights concerning the child, according to the Romanian law;
  

c) If, in relation to the items referred to in the sense of the law, moving the child from Romania or his retention outside that territory has respected the rights of the child regarding custody or if the person to whom it was entrusted to the child have the right to încuviinţeze or to oppose the child movement outside the territory of Romania of the time his arrest outside that territory;
  

d any other aspect) determinant as to whether removal or retention of the child outside the territory of Romania shall be unlawful within the meaning of art. 3 of the Convention.
  

(3) the request is received by the Romanian central and shall be filed at the Court which has jurisdiction under art. 2 (2). (2) and (4) a judgment is given without summoning the parties in the Council Chamber, on the basis of judgments handed down in respect of the child, as well as any other documents to be submitted by the competent authority of the requesting State, according to art. 30 of the Convention. Provisions of the code of civil procedure relating to the procedure shall apply to the litigious/out-of-court properly.
  

(5) the judgment is not subject to any remedies and shall be communicated to the requesting authority or via the central authority. Art. 15 para. (2) is applicable.
  


Article 20 (1) In accordance with article 5. 11(2). (6) of Regulation (EC) No 1782/2003. including 2,201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No 1782/2003. 1.347/2000, hereinafter Regulation, court judgment handed down by the Romanian Court under the Convention and the Regulation shall be notified to the Central Romanian authority within 48 hours of the drafting, together with a copy of any relevant documents that have led to the judgment.
  

(2) the transmission of documents to the central authority of the applicant, pursuant to art. 11(2). (6) of the regulation, the Romanian central authority.
  


Article 21


(1) a judgment declaring a foreign court has rejected the request for return lodged on the basis of the Convention and of this regulation and the relevant documents are received by the Central Romanian authority pursuant to article 13. 11(2). (6) of the regulation shall be translated into Romanian language by it and shall be submitted in the shortest possible time to the competent court at the place of residence local ordinary of the child immediately before the wrongful apprehension times.
  

(2) upon receipt of documentation from the Central Romanian authority, except in the case where the Court second seised has already been Romanian Court will notify the minor's parents ' address, which will contain: 1. The terms "in accordance with art. 11(2). (7) in Regulation "and 2. Informing parents about the possibility of referring the Romanian Court, within a period of 3 months from the date of notification with a request concerning the exercise of parental authority with respect to the minor concerned.

(3) the Court shall be deemed to be seised on the date of transmission of the request for the original trial.
  

(4) upon expiry, the Court shall inform the central authority of the Romanian and Romanian central authority communicates the result notification transmitted pursuant to paragraph 1. (2) pursuant to Article 22. art. and (b). (b)) and art. 21 of the Convention, individual, institution or body concerned of any State party to the Convention may require assistance to Romanian central authority for organizing or protecting the exercise of the right of visitation of a minor residing on the territory of Romania.


Article 23 (1) the Romanian central authority will contact the person exercising parental authority over the minor and to which it has established housing and will seek, either directly or through specialist, amicable settlement demand concerning the exercise of the right of visitation. This will attract the attention of the person exercising parental authority over the minor and to which it has established housing with regard to the penalties that may be imposed under this Act, in the case of refusal to allow freely exercising visitation.
  

(2) the central authority may request the participation of Romanian guardianship authorities, other institutions whose cooperation times considered necessary for organizing the exercise of the right of visitation.
  


Article 24 (1) if the child is referred to in the application for organizing or protecting the exercise of the right of visitation declines steadily contact with one parent or exhibit feelings of aversion to it, the Court may order, depending on the age of the child, it is likely to follow a program of psychological counseling, a period which cannot exceed 3 months.
  

(2) an application for a summons may be made at any time after the date of referral to the central authority with a request for organizing or protecting the exercise of the right of visitation. The provisions of article 4, 5 and 7 shall apply accordingly.
  

(3) an application for a summons to court, deciding by the Council Chamber, with the attendance of parents, the person to whom the child is placed, when appropriate, as well as to the General Directorate of social assistance and child protection in the the child is placed. The provisions of article 11(2). (4) shall apply accordingly. The conclusion is not subject to any appeal.
  

(4) Conclusion will be communicated by the Court to the competent authorities to implement and the central authority, within 5 days of the drafting.
  

(5) within 10 days of receipt, the psychologist appointed by the Court will determine the duration and content of the programme for psychological counseling after a psychological evaluation of the child. The psychologist will communicate immediately to the Court for the duration of the program of psychological counseling, as well as, if necessary, amend it.
  

(6) After the completion of the programme, the psychologist will prepare a final report on the assessment of psychological and will communicate to the Court.
  

(7) the Court shall communicate the report to the central authority, within 5 days of receipt.
  


Article 25 (1) If it is requested that exercise of the right of visitation is effected by moving the minor outside the territory of Romania, the provisions of art. 4, 5, 7, 9, 10, 11 and 17 shall apply accordingly.
  

(2) the Court will be able to comply with the right of visitation of the child by going outside the Romanian territory only if, from the evidence, it follows that there are administered safeguards to ensure the return of the child voluntarily in Romania. The Court will be able to compel an individual, institution or body concerned the right of visitation to the lodging of a security.
  

(3) where the exercise of the right of access is subject to the lodging of a security, the Court shall order, in the same ruling, regarding the term deposit must be lodged, as well as at the time of its refund. Provisions of art. 1,056-1,063 of the code of civil procedure shall apply accordingly.
  

(4) decision will become available with respect to the costs occasioned by the exercise of the right of visitation in accordance with art. 26 end of the Convention.
  


Article 26 according to circumstances, the central authority may ask the Romanian be the central authority of the State in which they are to be minor during the visit, the Romanian consulate Embassy times either in that State, to provide assistance and cooperation to verify the conditions under which it takes place and to ensure the return of the child in the country at the end of the visit.


Article 27 in carrying out his duties, the Central Romanian authority may, as appropriate: (a) to appeal to) ask for police cooperation, the national police, local Council or any competent authorities in order to locate the child about who has evidence that has been retrieved from or detained illegally on the territory of Romania;
  

(b) refer the matter to the competent authorities) involved in child protection to take, where appropriate, the necessary measures for the protection of the child's injury or detained illegally on the territory of Romania;
  

c) seek amicable resolution of conflict arises or to propose to the parties to seek mediation;
  

d) to initiate and establish forms of collaboration with lawyers specializing in matters governed by the Convention and by this law, as well as with psychologists specializing in child psychology;
  

e) cooperate within the limits of competences, with the Court to resolve as soon as possible the requests addressed to the Romanian authorities under the Convention;
  

f) to take any other steps in order to implement the provisions of the Convention. In order to monitor the application of the Convention, the Central Romanian authority will be able to ask the explanatory reports on the part of all involved authorities and the practical implementation of the provisions of the Convention.
  


Article 28 (1) All claims brought for the purpose of implementing the provisions of the Convention and of the present law shall be exempt from fees.
  

(2) Expenses for the performance by the Romanian central authority to comply with the obligations resulting from the Convention and of this law shall be borne by the budget of the Ministry of Justice.
  


Article 29 the provisions of the present law shall be supplemented by those of the code of civil procedure.


Article 30 (1) the procedure for the exercise of the powers of the Ministry of Justice as the central authority in accordance with the requirements of art. 7 of the Convention, shall be fixed by regulation, approved by order of the Minister of justice within three months) from the date of entry into force of this law.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the order of the Minister of justice no. C/509/2005 approving the modalities for exercising the duties incumbent upon the Ministry of Justice, in its capacity as the central authority designated by law. 100/1992 for Romania's accession to the Hague Convention of 25 October 1980 on the civil aspects of international child abduction, published in the Official Gazette of Romania, part I, no. 349 of 25 April 2005.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) until the establishment of the Tribunal for minors and family Bucharest claims referred to in article 1. 2 (2). (1) will be settled by the Court of wards.
  


Article 31 the present law shall enter into force three months after its publication in the Official Gazette of Romania, part I. *) Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 369/2004 was published in the Official Gazette of Romania, part I, no. 888 of 29 September 2004.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note ─ ─ ─ ─ ─ ─ ─ ─ Please note: we reproduce below the provisions of art. II of law No. 63/2014 that have not been incorporated in the form of law No. republished 369/2004 and which still apply as provisions of its own: "Art. II.-developing Processes, as well as law enforcement runs started under the old shall remain subject to that law. "

──────────

-------

Related Laws