Judgments on child custody and the visit program are made according to Regulation 2201/2003 on jurisdiction, recognition and enforcement of judgments in family matters and parental responsibilities. In this regard and in accordance with art. 1, the Regulation shall apply, whatever the nature of the court, in civil matters relating to attribution, enforcement, delegation, total or partial loss of parental responsibility and especially, among other things, to custody and the visit right.
Thus, according to the Regulation “a judgment enforceable in the EU country where it was issued can be enforced in another EU country without following any other procedure.” Concretely, the party requesting or contesting a court judgment or asking for approval on exercising the judgment, has to submit:
- A copy of the judgment which satisfies the conditions necessary to establish its authenticity, and
- The certificate referred to in Art. 39 and/or 41 of the Regulation.
It is important to say that the visit right granted in an enforceable judgment given in a Member State, shall be recognized and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition if the judgment has been certified in the Member State.
Consequently, in order for a judgment given in Romania to be recognized abroad, besides its certified translation, the following documents are required:
- The certificate reffered to in Art. 41 Paragraph (1) on Judgments in matters of the visit right
- The certificate referred to in Art. 38 on judgments in matters of parental responsability
In order to obtain the Certificates issued in accordance with Regulation 2201/2003, in conformity with Government Emergency Order No. 119/2006, regarding judgments given in Romania and for the recognition or approval of which, for exercising in another Member State, the initial court is empowered. Consequently, the official request should be addressed to the Court of First Instance, which decided upon the minor’s custody and the visit program.
To what it concerns the visit right, the manner established by the court is not definitive, the parties having the possibility to reach a mutual agreement or go before court in order to keep the personal relationship even under different conditions, when the situation will have changed.
If you find yourselves in a situation similar to the one described above, we mention that we are able to assist and/or represent you in order to obtain the necessary documents for registering abroad a court decision given in Romania on child custody and the visit program.
Publisher: Budușan & Associates