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 Moldova or refusal to return the child to Moldova are unlawful and thus have violated your right to a private and family life.
Refusal to submit a request to return a child to Moldova
The complaint procedure will differ depending on whether you have:
- asked the Chisinau Court of Appeal, as the competent civil court in Moldova, to submit a request to return the child to Moldova
- applied to a court of the state to which your child has been wrongfully removed, for a decision to return the child to Moldova
Read more about different return procedures.
If the Chisinau Court of Appeal in Moldova has refused to submit a return request to Moldova, you may appeal this decision to the highest-level court: Supreme Court of Justice (in Romanian: Curtea Supremă de Justiție). The procedure and time-limits for the 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 ask the court to submit a child’s return request to Moldova
- provide information that proves the child’s current residence outside of Moldova
- 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 request to return the child to Moldova should be submitted to the competent authority continuing the return procedure.
Refusal to return a child to Moldova
If the court of the state to which your child has been wrongfully removed has refused to return the child to Moldova, 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 decision. In such case, you should seek a lawyer’s advice or assistance and consultation with the competent authority.