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Enforcement of judgments related to minors’ visitation schedule | Minors´ refusal

Articles 909-913 of the new Code of civil procedure regulate, for the first time in Romanian laws, the procedure of enforcing judgments relating to minors.

The enforcement procedure is applicable for minor related measures provided by an enforceable title, such as the establishment of a minor’s domicile, the placement of minors for foster care, the return of a minor by the person illegally keeping such minor, the exercise of the right to a personal relationship with minors, as well as other measures prescribed by the law.

It is the first time that the Romanian law regulates such a field, an extremely sensitive one, especially for parents and children, and raising serious issues for all parties involved in the judicial process (judges, court enforcement officers, lawyers).
Particular attention is paid to enforcing the minor’s visitation schedule set out in a judgment.

The enforcement procedure is carried out by a competent court enforcement officer, i.e. performing its activity within the jurisdiction of the court of appeal where the domicile of the parent whom the minor is entrusted to is located.

First of all, the enforcement is admitted by the court having jurisdiction upon the debtor’ domicile. The writ of execution shall be subsequently delivered to the court enforcement officer.

Afterwards, the court enforcement officer shall deliver the summons to the debtor, who usually is the other parent of the minor. The summons sets out the date on which the debtor shall present himself / herself together with the minor at the office of the enforcement officer or at any other place indicated by the enforcement officer, for the minor to be taken over by the creditor or, as the case may be, for the debtor to be informed about the obligation to let the other parent exercise the right to a personal relationship with the minor in accordance with the visitation schedule set out in the enforceable title.

If the debtor fails to comply with the summons and to fulfill the obligation within 10 days after receipt of the summons, the court enforcement officer, at the creditor’s request, shall notify the court, which shall rule, pursuant to a final judgment, the application of penalties from RON 100 to RON 1,000 per each day of delay.

It is noteworthy that the Code of civil procedure prescribes a more serious punishment for the failure to comply with such obligation. Therefore, if, within maximum three months after the delivery of the judgment ruling upon penalties, the debtor fails to fulfill his / her obligation, or if the debtor, acting in bad faith, conceals the minor, the court enforcement officer shall promptly notify the prosecutor’s office attached to the enforcement court for the purpose of commencing criminal proceedings against the debtor for failure to comply with the judgment.

Enforcement of judgments related to minors’ visitation schedule – www.fa-legalonine.com