Emergency Interim Measures in Romania (2026): Urgent Protection in Cross-border Child Cases

When a child faces an immediate risk of harm, concealment or removal, waiting for a final judgment in ordinary parental-responsibility proceedings may not provide effective protection. Romanian law offers expedited procedural remedies, principally the ordonanță președințială (presidential order), through which a court may adopt temporary measures until the underlying dispute is resolved.

Cross-border cases require particular care. Domestic procedural rules may operate alongside the 1980 Hague Convention on the Civil Aspects of International Child Abduction, Council Regulation (EU) 2019/1111 (Brussels II ter), bilateral treaties and Romanian rules on the recognition and enforcement of foreign judgments. The appropriate remedy therefore depends not only on the urgency of the situation, but also on the child’s habitual residence, the existence of proceedings or orders abroad and the precise nature of the protection sought.

This guide provides a practical overview for Romanian and foreign parents, overseas counsel and child-welfare professionals. It is general information only; urgent cases require advice based on their individual facts.

The first steps in an emergency

Where there is an immediate concern for a child, the following steps should be considered without delay:

1. Establish the child’s current location and identify the adult with whom the child is staying.

2. Determine whether the situation involves immediate physical danger, domestic violence, abuse, neglect, concealment or a threatened international removal.

3. Contact the Romanian police through 112 if there is an immediate danger. Where safeguarding concerns arise, contact the competent county or Bucharest-sector Directorate-General for Social Assistance and Child Protection (Direcția Generală de Asistență Socială și Protecția Copilului – DGASPC).

4. Gather the child’s birth certificate and passport, the parents’ identity documents, any existing parental-responsibility or protection orders and all evidence demonstrating the urgency.

5. Identify every pending case or existing order in Romania and abroad. This is essential to the analysis of international jurisdiction.

6. If the facts may amount to a wrongful removal or retention, contact the relevant Hague Central Authority and obtain advice from Romanian counsel experienced in child-abduction proceedings.

7. Arrange Romanian translations of the documents that may be required by the court.

The correct first step is not identical in every case. Police and child-protection intervention address immediate safety concerns, while a court application is normally required to regulate residence, contact or the exercise of parental responsibility.

The ordonanță președințială

The ordonanță președințială, governed by Articles 997–1002 of the Romanian Code of Civil Procedure, is the principal procedure used to seek urgent and provisional civil relief. In family cases, it may be used to obtain temporary measures concerning a child until the competent court determines the substantive dispute.

Legal requirements

The applicant must show that the statutory and jurisprudential requirements are satisfied. In particular:

• Urgency: waiting for the ordinary proceedings would risk causing harm, seriously prejudicing a right or making effective protection more difficult.

• Provisional character: the requested measure must operate temporarily and must not amount to a final resolution of the parental dispute.

• No prejudgment of the merits: the emergency court cannot finally determine questions reserved for the substantive proceedings.

• Apparent entitlement: the material available at this preliminary stage must support the right or legal position relied upon, without requiring the full evidential examination appropriate to the merits.

These requirements are cumulative. Urgency alone does not permit the court to make a final custody determination through an expedited procedure.

Measures that may be requested

Subject to jurisdiction and the circumstances of the case, temporary relief may include:

• determining the child’s provisional residence;

• establishing or temporarily adapting a contact schedule;

• providing for supervised contact where the evidence justifies safeguards;

• temporarily regulating a specific aspect of parental responsibility;

• resolving an urgent disagreement affecting a proposed journey or the issuing or use of the child’s travel documents;

• adopting a narrowly framed protective measure designed to prevent immediate harm or a further removal.

The relief must be precise, legally available and capable of enforcement. A request concerning international travel should not be described simply as a general “border ban.” It must be framed by reference to the parents’ rights and obligations, the applicable rules on parental consent, Law no. 248/2005 on the free movement of Romanian citizens abroad and any relevant international instrument. The manner in which a court decision affects travel will depend on its wording and legal basis.

Which court has jurisdiction?

Under Article 998 of the Code of Civil Procedure, an application for a presidential order is submitted to the court competent to determine the merits of the underlying claim. Domestic territorial and subject-matter jurisdiction must therefore be established by reference to the substantive dispute, not merely to the place where the applicant happens to be.

In an international case, this domestic analysis is only part of the inquiry. Jurisdiction may be governed by Brussels II ter, a Hague Convention or Romanian private-international-law rules. The child’s habitual residence, any wrongful removal or retention, pending proceedings abroad and the limited jurisdiction available for provisional or protective measures must all be considered before filing.

Hague return proceedings are governed by a special regime, including Law no. 369/2004. They should not be treated as ordinary residence or custody litigation.

Procedure, decision and appeal

The procedure is expedited. The court may shorten procedural time limits and limit the evidence to that compatible with the urgent nature of the case. In cases of particular urgency, Romanian procedural law permits the order to be issued without summoning the parties. This is exceptional and depends on the facts; it should not be assumed that every urgent family application will proceed without notice.

The presidential order is provisionally enforceable. As a rule, it may be challenged by appeal within five days. The date from which that period runs depends on whether the parties were summoned when the order was issued. Counsel should verify the operative procedural provisions and the wording of the judgment immediately after it is delivered.

No responsible estimate can guarantee a same-day decision or a hearing within a fixed number of days. Timing depends on the urgency demonstrated, the court’s schedule, service, jurisdictional questions and the evidence required.

Evidence and documents

An urgent application should present a short, coherent and evidenced account of the risk. Relevant documents may include:

• the child’s birth certificate and passport;

• the applicant’s identity document and documents showing the legal relationship with the child;

• existing Romanian or foreign judgments, orders or agreements concerning parental responsibility, residence, contact or protection;

• police records, criminal complaints or protection orders;

• medical or psychological records, where relevant and lawfully available;

• messages, emails or other communications indicating an intention to remove or conceal the child, or demonstrating threats or obstruction;

• travel reservations and other evidence of an imminent departure;

• information regarding proceedings pending in another state;

• a Romanian lawyer’s mandate, where representation is required.

Foreign-language documents normally need to be accompanied by Romanian translations prepared by an authorised translator. Whether an original, certified copy, apostille, legalisation or other formality is necessary depends on the document, its country of origin and the applicable EU, treaty or domestic regime.

Affidavits and written witness statements should not be described as standard substitutes for evidence administered under Romanian civil procedure. A foreign affidavit may be filed as a document, but its procedural status and evidential weight must be assessed in the particular case. The safest approach is to distinguish clearly between first-hand factual material, documentary proof and evidence that must be formally administered by the court.

The 1980 Hague Convention

The 1980 Hague Convention applies where a child under the age of 16 has been wrongfully removed to or retained in another Contracting State in breach of rights of custody that were being exercised, or would have been exercised but for the removal or retention.

Its central purpose is the prompt return of the child to the state of habitual residence. It is not a procedure for determining the merits of custody. Article 19 of the Convention expressly provides that a return decision is not a determination of any custody issue.

The Romanian Central Authority

Romania’s Central Authority for the 1980 Hague Convention is the Ministry of Justice. A person seeking return may apply through the Central Authority of the child’s state of habitual residence, through the Romanian Central Authority or, where permitted, directly to the competent Romanian court. The Central Authorities cooperate in locating the child, encouraging voluntary return, exchanging relevant information and facilitating proceedings.

The Convention requires authorities to act expeditiously. Article 11 permits an applicant or Central Authority to request reasons for delay if no decision has been reached within six weeks from the commencement of the proceedings. This is not, however, a guarantee that every case will be concluded within six weeks.

Protective measures during Hague proceedings

Article 7 of the Convention contemplates provisional measures intended to prevent further harm to the child or prejudice to interested parties. In an appropriate case, narrowly tailored protective measures may be sought while the return application is pending—for example, to preserve the child’s location, prevent a further removal or address a demonstrated safety risk.

Care is required before commencing separate domestic proceedings about residence or custody. Under Article 16, after the competent authorities receive notice of a wrongful removal or retention, they must not decide the merits of custody until it has been determined that the child is not to be returned, or unless no Hague application is lodged within a reasonable time. Any parallel measure must therefore protect the child without converting the return proceedings into a substantive custody determination.

Brussels II ter in intra-EU cases

For cases involving EU Member States, except Denmark, Brussels II ter may govern jurisdiction, recognition and enforcement in matters of parental responsibility and supplement the operation of the 1980 Hague Convention in intra-EU child-abduction cases.

The Regulation applies, subject to its transitional provisions, to proceedings instituted, authentic instruments formally drawn up or registered and agreements registered on or after 1 August 2022. Earlier matters may remain governed by Council Regulation (EC) No 2201/2003.

Brussels II ter contains rules concerning:

• jurisdiction based principally on the child’s habitual residence;

• jurisdiction following wrongful removal or retention;

• provisional, including protective, measures in urgent cases;

• cooperation between courts and Central Authorities;

• recognition and enforcement of decisions concerning parental responsibility;

• the special treatment of certain decisions granting rights of access or entailing the return of a child.

The Regulation should be analysed before a Romanian application is filed. The fact that the child is physically present in Romania does not automatically give the Romanian courts jurisdiction to determine the merits of parental responsibility.

Recognition and enforcement of foreign orders

The route depends on the state of origin, the date and nature of the decision and the legal instrument governing recognition.

Decisions from EU Member States

Under Brussels II ter, a decision concerning parental responsibility given in one participating Member State is generally recognised in the other Member States without a special recognition procedure. An enforceable decision is generally enforceable in another Member State without a declaration of enforceability, subject to the Regulation’s requirements, including production of a copy of the decision and the appropriate certificate.

Recognition and enforcement may nevertheless be refused on the limited grounds provided by the Regulation. Special provisions apply to privileged decisions on rights of access and certain return decisions. Urgent foreign counsel should obtain the correct certificate from the court of origin and verify whether translation is required.

Decisions from non-EU states

For a decision originating outside the applicable EU regime, recognition and enforcement may be governed by a multilateral convention, a bilateral treaty or the Romanian Code of Civil Procedure. Where no simplified treaty regime applies, judicial recognition and, for enforcement, the applicable exequatur procedure may be required.

It is unsafe to assume either that a foreign emergency order operates automatically in Romania or that every non-EU decision follows an identical exequatur route. Provisional decisions can raise additional questions, including whether they are enforceable in the state of origin and whether the defendant had an opportunity to be heard.

Enforcement of Romanian orders concerning children

Orders concerning a child are enforced under the special procedure established by the Romanian Code of Civil Procedure. The process is normally initiated through a judicial enforcement officer (executor judecătoresc), rather than through a direct request that the police carry out the family order.

Depending on the measure and the circumstances, the enforcement process may involve a DGASPC representative, a psychologist, the police or gendarmerie and, in circumstances provided by law, the prosecutor. Romanian law contains safeguards intended to avoid coercive physical or psychological pressure on the child. If the child categorically refuses to comply, special procedural steps may be necessary rather than immediate forced handover.

Clear drafting at the judgment stage is crucial. The order should identify the persons involved, the obligation to be performed, the relevant times and places and any justified safeguards. Ambiguous relief frequently becomes difficult to enforce.

Police assistance remains appropriate where there is an independent emergency, suspected offence or immediate danger. It should not be confused with the civil enforcement procedure for implementing a residence or contact order.

The role of DGASPC

DGASPC has statutory child-protection responsibilities and may intervene where there are allegations of abuse, neglect, exploitation or imminent danger. In serious safeguarding cases, the legal framework under Law no. 272/2004 permits emergency child-protection measures subject to the applicable administrative and judicial safeguards.

These powers are not an alternative mechanism for deciding an ordinary dispute between parents about residence, travel or contact. A parental-responsibility dispute ordinarily requires a decision by the competent court. DGASPC involvement should be requested on the basis of genuine child-protection concerns, not merely because the parental conflict is urgent.

Choosing the appropriate route

Practical checklist for parents and foreign counsel

Before approaching the Romanian authorities or court, prepare:

• a concise chronology identifying the alleged danger or wrongful removal;

• the child’s full identity details and current or likely location;

• information about the child’s habitual residence before any removal or retention;

• evidence of the applicant’s rights of custody and their actual exercise;

• copies of all existing judgments and pending applications in every jurisdiction;

• documents evidencing the immediate risk;

• contact details for the child, the other parent and any relevant school or medical provider;

• Romanian translations of the documents needed for the first application;

• the correct EU certificate, if enforcement of an EU judgment is sought;

• a proposed order drafted in precise and enforceable terms.

Foreign counsel should coordinate closely with Romanian counsel. A strategy that is appropriate in the state of habitual residence may not translate directly into Romanian procedural law, and an inaccurately framed custody application can complicate a Hague return case.

When specialist advice is essential

Urgent cross-border child cases require an early assessment of jurisdiction, remedy and enforcement. Specialist advice is particularly important where:

• proceedings are already pending in another country;

• a Hague return application is contemplated or underway;

• the child may be moved again or concealed;

• a foreign emergency order needs to be recognised or enforced;

• domestic violence or child-protection allegations overlap with the parental dispute;

• the requested measure may affect passports or international travel;

• the child objects to return or compliance with an order.

The objective is not simply to obtain an urgent order, but to obtain the correct order from the competent court, in terms that protect the child and can lawfully be enforced.

Need legal advice?

For advice concerning urgent Romanian or cross-border family proceedings, contact Eniko Fulop at Fulop Lawyers – contact@fuloplawyers.com or eniko@fuloplawyers.com, a member of the Global Law Experts network.

Principal legal sources

1. Romanian Code of Civil Procedure, Articles 997–1002 (presidential orders) and the special enforcement provisions concerning minors.

2. Romanian Civil Code provisions governing parental responsibility and the child’s residence.

3. Law no. 369/2004 on the application of the 1980 Hague Convention in Romania.

4. Law no. 248/2005 on the free movement of Romanian citizens abroad.

5. Law no. 272/2004 on the protection and promotion of children’s rights.

6. HCCH, Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

7. HCCH, Romanian Central Authority.

8. Council Regulation (EU) 2019/1111 (Brussels II ter).

9. Romanian Ministry of Justice.

10. Romanian legislative portal.

This article provides general information and does not constitute legal advice. The applicable law, jurisdiction and procedural strategy must be assessed by reference to the facts of the individual case.