Divorce and children
The child’s best interests must come first in every decision after divorce (Article 2 of Romanian Law No. 272/2004). Needs, safety and views are assessed according to age and maturity.
Family law, which includes divorce, is one of the most sensitive areas of civil law: in practice, we are deciding the course of a child's life. Nobody should be indifferent to a decision like that.
Parental responsibility disputes can put children under pressure. Reactions vary, and parental cooperation, when safe, may reduce conflict. Adjustment without difficulties or within a fixed period cannot be promised.
The parents' role in divorce
Parents can contribute to decisions tailored to the child’s needs, but agreement does not replace a best-interests assessment. Where there is abuse, neglect or violence, protection and intervention by competent authorities take priority.
The first step is to persuade parents that the solution for their child's wellbeing after divorce is "in their hands", and that there are professionals who can help them put it into practice through a parenting plan. Gender stereotypes about the roles of women and men in the family need to be overcome and social change accepted: more and more fathers want to be genuinely involved in their children's lives.
The child's wellbeing: the parenting plan
Contact with both parents is determined by the child’s best interests and the circumstances, not an assumption that every contact is beneficial. Courts may limit contact for serious reasons endangering development (Article 19 of Law No. 272/2004).
Abuse, violence, neglect and safety risks must be assessed. Supervised visits, restrictions or other protective measures may be necessary. A child must not be pressured into unsafe contact.
A parenting plan can organise residence, contact, holidays, school, healthcare and communication while respecting judgments and protective measures. It does not guarantee psychological outcomes.
Lawyers, mediators and psychologists have different roles. Negotiation and mediation are options only when appropriate and safe; they do not replace protection against violence.
The child’s views are considered according to age and maturity under the law. Adjustment difficulties require individual assessment and specialist support, without universal psychological conclusions.
The child’s safety comes first. In Romania, call 112 for immediate danger; suspected child abuse can be reported at 119.
When you need a lawyer
Divorce often also involves parental authority, child maintenance or the division of matrimonial property, all of which fall within family law.
Depending on whether there are minor children, the property regime and the parties' positions, divorce proceedings can become considerably more complex. In such situations, the help of a specialist divorce lawyer is essential to protect each party's rights and interests.
See my divorce representation servicesFrequently asked questions
Any other questions?Can we divorce before a notary if we have minor children?
Yes, if both spouses consent to divorce and agree on joint parental authority, where the children will live, contact with the parent they do not live with and each parent’s contribution to their expenses. The agreement on parental authority and residence must serve the child’s interests, as checked through the social inquiry (Article 375(2) of the Romanian Civil Code). Agreement on the surname after divorce is no longer required: each spouse may keep their married surname or return to their previous one; without a choice, they keep their married surname (Article 383, amended by Law 57/2026). If the mandatory arrangements for the children are disputed or do not serve their interests, court proceedings are necessary.
Is a parenting plan compulsory?
The law does not require a document called a "parenting plan". However, for a divorce before a notary with minor children, the spouses need a written agreement on parental authority, where the children will live, contact and each parent's contribution. A well-drafted parenting plan is, in practice, a more detailed version of that agreement.
Will my child be heard?
If the child is 10 or older, hearing them is compulsory in proceedings that concern them (Article 264 of the Civil Code). Below that age, the child may be heard if the authority considers it necessary, and any child may ask to be heard.
Can the arrangements for the child be changed later?
Yes. If circumstances change, the court can alter the measures concerning the rights and duties of divorced parents towards their minor children (Article 403 of the Civil Code).
