Under Art. 30 para. 1(b) of Law 248/2005, minors may leave the country only if accompanied by an adult and, where traveling with one parent, only if the accompanying parent presents a declaration from the other parent stating agreement for travel to the destination country/countries and the travel period.
Since the New Civil Code provides for joint exercise of parental authority, both parents play a key role in defining matters for the minor—legal status, medical care, education, religious instruction, or extracurricular activities. Matters related to parental authority and parental consent fall within the scope of family law.
A frequent situation after divorce is when one parent refuses consent for the child to leave the country with the other parent—reasons vary from case to case (revenge, personal pride, unjustified situations, or situations where the parent cannot be found to give consent).
The declaration for a minor to exit the country is required at the border and must be made by the non-traveling parent at a notary or, if abroad, at a Romanian Consulate/Embassy. This declaration is needed when leaving Romania, not on return.
The declaration can also be given before a foreign notary; in that case it must be legalised or apostilled according to the Hague Convention abolishing the requirement of legalisation for foreign public documents. It can be issued for a maximum of 3 years from the date of execution (Law 248/2005, as amended by Law 169/2016).
Conditions for a minor to travel abroad
Conditions for a minor to leave the country
A minor with a passport or ID can travel if:
- accompanied by both parents;
- accompanied by one parent and there is a notarised declaration from the other parent or proof of death/disappearance (with proper documents);
- accompanied by one parent who holds a final decision for exclusive parental authority; if authority is joint, a declaration from the other parent is required;
- accompanied by a third adult with a valid criminal record and declarations from both parents (or the parent with custody / surviving parent / legal representative) consenting to travel and including the accompanying adult’s identity data; presented also at the border;
- the minor has permanent residence in another country and the accompanying parent can prove it;
- the minor travels with an escort from a transport company, with documents attesting the escort’s status.
Services offered
How I can help
I provide consultancy, file preparation, and court representation to supplement the other parent's consent, so the minor's travel is legal and in the child's best interest.
For specialized legal assistance regarding parental authority, parental consent, and child protection matters, consult our family law services page.