You have the right to complain if you believe that a court’s decisions taken within the return procedure of your child, such as the court’s refusal to submit a request to return the child to the state of his/her previous residence, or the refusal to return the child to the state of his/her previous residence are unlawful and thus have violated your right to a private and family life.
The complaint procedure will differ depending on whether you have applied to:
- a civil court (in Romanian: instanța de judecată) in Moldova for a decision to return a child to the state of his/her previous residence
- a court of the state of the child’s previous residence for the submission of a request to return the child to this state
Read more about different return procedures.
Refusal to return a child to the state of his/her previous residence
If a civil court in Moldova; namely the Chisinau Court of Appeal, has refused to return a child to the state of his/her previous residence, you can appeal that decision to the highest level court: the Supreme Court of Justice (in Romanian: Curtea Supremă de Justiție). The procedure and time-limits for the cassation appeal should be indicated in the lower court’s decision.
Application
In your application to the court you should:
- refer to the relevant legal provisions that give you the right to request the return of a child to the state of his/her previous residence
- explain why the child’s return to the state of his/her previous residence and future residence there would be in the child’s best interests
- 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.
Read more about your rights in civil court proceedings.
Court’s decision
After examining your claim, the court will decide whether the child should be returned to the state of his/her previous residence.
Refusal to submit a request to return a child to the state of his/her previous residence
If the court of the state of the child’s previous residence has refused to submit a request to return the child to that state, the procedure and time-limits for the appeal will be regulated by the law of the respective state. This should also be indicated in the court’s decision. In such case, you should seek a lawyer’s advice or assistance and consultation with the competent authority.