Tag Romanian law divorce

This guide covers the key things you need to know about child custody and child support when getting divorced in Romania.

If you’re getting divorced in Romania, it’s important to understand how child-related matters are handled so you can protect your rights and your children’s best interests.

Going through a divorce is difficult enough without having to worry about child custody and support.

Determining Custody in Romanian Divorces

When a couple with children divorces in Romania, custody decisions are made based on the best interests of the child.

Here are some things to keep in mind:

The Court decides custody

The Romanian Court will make the final custody determination for minor children (under age 18) in a divorce. Parents can make custody proposals or agreements, but the court has to approve them.

Joint custody is preferred

Romanian law prefers that both parents retain custody rights after a divorce.

Courts will generally award joint physical custody with the child splitting time between both parents’ homes, unless there are compelling reasons not to.

Factors considered for custody

Courts look at various factors when deciding custody, including:

• The child’s existing living situation and attachment to each parent
• Each parent’s ability to care for the child’s needs
• Any history of domestic violence, abuse or neglect
• The child’s preferences if they are mature enough to express a reasonable opinion
• Each parent’s willingness to cooperate and allow access to the child

The court will order an investigation to evaluate these factors.

Custody evaluators will interview parties and make recommendations to the court.

Modifying custody orders

Custody orders can be modified later on if there are substantial changes in circumstances affecting the child’s well-being. A parent has to petition the court and show that alteration of the existing order is in the child’s best interests.

How Child Support Works in Romanian Divorces

Child support ensures that both parents continue meeting the financial needs of children after a divorce.

Here are key things to know about child support in Romania:

• Both parents share responsibility

Nevertheless, under Romania’s Civil Code, both parents have an obligation to support their children financially, whether married, separated or divorced. The parent who doesn’t have physical custody typically pays child support.

• Courts determine support amounts

Courts will issue child support orders as part of the divorce judgment.

The amounts are set based on factors like both parents’ incomes, the child’s expenses and needs, and the custody arrangement.

• Support is owed until adulthood

In Romania, the duty to pay child support continues until the child reaches age 18. If the child continues approved education after 18, support can extend up to age 26.

Romanian Courts can enforce and modify support orders

If a parent fails to pay court-ordered child support, the other parent can petition the court to enforce the order.

Support amounts can also be modified later if financial circumstances change significantly.

Collecting support across borders

If the paying parent moves abroad, Romania’s membership in the EU allows using EU regulations to enforce the support order in other member countries. The Ministry of Justice offers assistance in these cross-border support cases.

Tips for Seeking Fair Custody and Support Terms

Here are some tips to help you negotiate fair custody and support outcomes in your Romanian divorce:

• Consult a lawyer – Have an experienced Romanian family law attorney review your situation and represent your interests in custody and support matters.

• Focus on your child’s best interests – Keep your child’s well-being the top priority and be prepared to compromise with your ex.

• Document your position – Track details like your involvement in child-rearing, your income, and your child’s expenses to support your custody and support proposals.

• Know your rights and obligations – Learn about Romanian legal standards for custody and support so you can advocate effectively for yourself and your child.

• Be cooperative – The court will look favorably on parents who work together. Stay calm and reasonable in negotiations.

• Get help if needed – If domestic violence is involved, contact support services so you can address safety concerns in your divorce.

Going through a divorce with children involved brings many challenges.

Understanding Romania’s custody and support laws allows you to obtain fair terms focused on your child’s best interests.

Remember that every situation is unique, so it’s important to seek legal advice from an experienced Romanian lawyer specializing in divorce law.

According to article 373 of the Romanian Civil Code, the divorce can take place for several reasons, respectively:

–By the agreement of the spouses, at the request of both spouses or of one of the spouses if it is accepted by the other spouse;

–When, due to valid reasons, the relationship between the spouses is seriously damaged and the continuation of the marriage is no longer possible.

-At the request of one of the spouses, after a de facto separation lasting at least 2 years.

–At the request of one of the spouses whose state of health makes it impossible to continue the marriage;

Divorce for good reasons that make it impossible to continue the marriage.

The reasons are not described by the Civil Code, but most divorce cases are initiated precisely because of such solid grounds.

If the fault belongs to both, that is, you no longer understand each other and the marriage is no longer a peaceful and harmonious one, nor can you fix it, the fault or guilt is shared (i.e, both spouses are to blame for the breakdown of the marriage). It means that you no longer love and want to be together so you are constantly fighting. If the fault belongs only to one spouse, that is, that spouse has a behavior or has done a certain deed that cannot be forgiven, the fault of the marriage is exclusive.

The rule in the Romanian law is that the divorce is pronounced on the joint fault of the spouses, given that (in general) both contribute to the breakdown of the marriage to a greater or lesser extent.

In the conditions where the divorce would be pronounced due to joint fault and there are no children in the relationship or there are no chlidren but you have agreed on parental authority, our team of romanian divorce lawyers advice is to opt for a divorce by agreement.

According to the provisions of art. 933 para. (1) of the Romanian Code of Civil Procedure “The court will pronounce the divorce due to the fault of the defendant spouse when, due to solid reasons attributable to him, the relations between the spouses are seriously damaged and the continuation of the marriage is no longer possible.”

In other words, if only one of the spouses is to blame for the breakup of the marriage, then the court will dissolve the marriage, considering the exclusive fault of this spouse.

The Romanian Law does not limit these cases (nor could it, given the complexity of relationships in a couple) but in practice we have identified the following cases of exclusive fault as usual reasons:

• the infidelity of one of the spouses;
• domestic violence of one of the spouses;
• alcohol, drug or gambling addiction of one of the spouses;
• bad treatment applied to children by one of the spouses; neglect of the family by one of the spouses;

Reasons why you should seek a dissolution of the marriage due to the sole fault of the defendant:

• Moral damages – you can get compensation for the damage suffered as a result of the dissolution of the marriage.
• Compensatory benefit – if the marriage lasted for more than 20 years and the dissolution of the marriage would produce a major imbalance in your life, you can obtain the obligation of the guilty spouse to pay periodic damages called compensatory benefit.
•  Parental authority – since the grounds for dissolution of marriage partly overlap with those regarding sole parental authority, a valid reason for seeking dissolution of marriage due to the sole fault of the other spouse is to obtain sole parental authority and domicile of the minor.

Sole fault  would actually lead to more legal fight from the other spouse and a longer trial.

For more info on this subject, please contact us!