Appealing a court’s judgment
If your parental rights have been withdrawn by the judgment of a civil court (in Romanian: instanța de judecată), you can appeal it to a higher level court: the relevant Court of Appeal. The procedure and time-limits for the appeal should be indicated in the lower court’s decision.
Appeal
In your appeal to the Court of Appeal you should:
- refer to the relevant legal provisions giving you the right to retain parental rights over your child and why the court’s decision was incorrect
- explain why you believe that the court has made a mistake in concluding that you can’t ensure favourable conditions for your child’s development in future and that having parental rights over your child would not be in his/her best interests. In doing so, you should describe all the circumstances that are important to prove your claims
- if you think you have been discriminated against, indicate that your parental rights have been withdrawn only because of characteristics you possess, such as your sexual orientation, age, religious beliefs, political affiliation, national or ethnic origin or other similar grounds
important Withdrawal of parental rights based solely on one of these prohibited grounds will violate the prohibition against discrimination
- add all relevant documents that substantiate your request, if there are any
Read more about your rights in civil court proceedings.
The Court of Appeal’s decision
After examining your appeal, the Court of Appeal will decide whether the withdrawal of parental rights should be lifted or left in force. Unfavourable to you Court of Appeal’s decision is subject to appeal on points of law to the Supreme Court. If the court reverses the lower court’s decision, the previous legal relationship between you and your child will be restored.
Requesting the renewal of parental rights
You may request the civil court to reassess the situation and renew your parental rights, if the circumstances since the withdrawal have changed.
Application
In your application to the court you should:
- refer to the relevant legal provisions that give you the right to request the renewal of parental rights over your child
- indicate which reasons for the withdrawal of parental rights have changed
- explain how you can ensure favourable conditions for your child’s development in future and why having parental rights over your child in these circumstances would be in his/her best interests. In doing so you should describe all the circumstances that are important to prove your claim
- add all relevant documents that substantiate your request, if there are any
You can learn more about the legal requirements for your application in the Civil Procedure Code and the Family Code.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your application, the court will decide whether to renew your parental rights over the child or not.