Last updated: 3 November 2016
Law no. 169/2015, amending Law no. 248/2005 on the free movement of Romanian citizens abroad, was published in Official Journal no. 772 of the 3rd of October 2016 and became effective on the 6th of October 2016.
This law amended, among others, the regime of the international free movement of children. Such amendments are presented to you below.
TRAVELLING ABROAD ACCOMPANIED BY A PARENT/BOTH PARENTS
Generally, underage children can leave the country only if accompanied by an adult. Underage children accompanied by both parents can leave the country in the same conditions as their parents.
Until now, Border Police allowed children accompanied by one of their parents to leave the country only if the said parent presented a notarized statement providing the approval of the other parent, as well as the travel duration. Such statement was required at every exit from the country.
From now on, the abovementioned notarized statement will be valid for a maximum period of 3 years from its execution. If one of the parents dies meanwhile, the parent accompanying the underage child must submit the death certificate in order for the child to travel abroad.
The said statement is not necessary if the parent proves that she/he was granted custody of the child by a final ruling of the courts or that she/he exercises parental authority alone, based too on a final ruling of the courts.
TRAVELLING WITH AN ADULT/GROUP
If the underage child leaves the country accompanied by a person other than his/her parents, the accompanying adult must submit a statement from the child’s parents or from the parent exercising parental authority or the parent who was granted custody of the child, statement which must allow the child’s travel abroad for 3 years at most from the date of execution of the statement.
Compared to the former regulations, the parents’ statement must not provide the purpose of the travel or the chosen route. Nevertheless, it must specify if the child will remain in the country of destination and the name of the person to whom the child will be entrusted and, if applicable, the name of the adult accompanying the child when returning to Romania, if he/she is different from the person who accompanied the child when leaving the country.
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