Court permission in place of the other parent's consent
These rules concern Romanian minors leaving Romania. Article 23(2) of Law No. 272/2004 refers to Law No. 248/2005; the specific conditions are set out mainly in Articles 2, 30 and 31.
If the required consent is missing because of a dispute or a parent’s inability to express their wishes, the court may resolve the matter under Article 31(3), in the child’s best interests. Permission is not automatic. The judgment must be final, except for an interim injunction, which is provisional and enforceable.
Consent declarations and documents issued abroad
Consent is authenticated by a Romanian notary or a Romanian diplomatic mission or consular office abroad. For travel with one parent or another adult, it may cover a maximum of 3 years from execution. Article 30(1)(b) does not generally require listing destination countries or every individual trip.
For travel with another adult, the declaration must identify that companion. If the child remains abroad, it must identify the person receiving the child; if returning with a different companion, it must identify that person too. Declarations are issued in two duplicates. Revocation must follow the same authenticated form to take effect before the Border Police.
A declaration made before a foreign authority requires a Hague apostille or legalisation, as applicable. Legal assistance treaties, conventions or agreements may waive these formalities. Foreign supporting documents may also require a Romanian translation with notarised certification; Border Police guidance exempts travel documents, identity documents and residence permits/cards from translation. Foreign judgments must be capable of recognition in Romania; an apostille does not replace recognition.
Conditions for a child to travel abroad
The child needs their own valid travel document: a passport or, where accepted, an identity card or electronic identity card. A birth certificate and the Romanian simple identity card (CIS) are not travel documents. Check destination entry requirements and the carrier’s rules separately.
The rules also apply to travel to Schengen countries. The removal of systematic border checks does not remove document requirements; the Border Police may carry out spot checks.
Travelling with both parents
No parental consent declaration is required to leave Romania; the child travels with their own valid document (Article 30(1)(a)).
Travelling with one parent
Normally, an authenticated declaration from the other parent is required. Exceptions must be documented: the other parent’s death, sole parental authority or custody entrusted by the judgment specified in the law, deprivation of parental rights, or a court order replacing consent. Having the child’s residence established with the accompanying parent does not by itself mean sole parental authority. Being unable to contact a parent is not itself an exception.
Travelling with another adult
A declaration from both parents or the person entitled under Article 30(1)(d) must identify the companion, with documents supporting the relevant parental situation. A paper criminal record certificate is no longer required: the officer checks ROCRIS electronically. Offences listed in Article 31(2)(b) may prevent travel with that companion. A companion appointed by a transport company must also prove that appointment.
Travelling unaccompanied from age 16
A minor who has reached 16 may leave Romania with a valid travel document and an authenticated declaration from both parents or the parent or legal representative entitled under Article 30(1¹). Consent must expressly cover unaccompanied travel. The current rule is not limited to study, competitions, treatment or visits to relatives.
Travelling to the country of domicile or residence
An accompanied minor travelling to their own country of domicile or residence does not need parental travel consent (Article 30(6¹)). Evidence of the child’s domicile/residence and destination is required: for example, a passport recording domicile subject to the implementing rules, or a residence permit/card in the child’s name, and tickets for the entire route. If tickets do not establish the final destination, or the journey is by car, the companion completes a handwritten declaration before the Border Police. A minor aged at least 16 may travel there unaccompanied without parental consent, with the necessary evidence (Article 2(3)(b)). This exception does not cover holidays in any other country.
Study, official competitions and medical treatment
For an accompanied child travelling for study or official competitions, Article 30(3)(b) allows consent from one parent with documents specifying the period and country. Treatment unavailable in Romania without which life or health would be seriously endangered has a separate exception: documents issued or endorsed by Romanian medical authorities specifying the period and country, even without parental consent (point (a)). An ordinary medical consultation does not automatically qualify.
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What we can do for you
We provide advice, prepare the case file and represent you in court to obtain permission in place of the other parent's consent, so that the child's journey is lawful and in the child's best interests.
For specialist legal assistance with parental authority, parental consent and child protection, see our family law services page.
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