Custody of the child and establishment of the access schedule

In Romania, according to the Civil Code, “parental authority is the set of rights and duties concerning both the person and the property of the child and belongs equally to both parents.”[1]

Exercising parental authority involves making important decisions about the upbringing and education of children, and the day-to-day acts of parenting are carried out by the parent with whom the children live.

If the child’s parents do not live together, the court will decide whether the child has joint parental authority. Of course, the parents can agree on how to exercise joint parental authority, but the court must agree to this.

The parent who does not live with the minor child after the divorce has the right to maintain personal contact with the child, which can take the form of a visitation schedule that the parents can agree on.

In the event of disagreement between the parents as to how to exercise the right to have personal contact with the child, i.e., in the event of a dispute as to the establishment of a visitation schedule, the court will establish a schedule based on the age of the child, the child’s care and upbringing needs, the intensity of the emotional bond between the child and the non-resident parent, the behavior of the non-resident parent and other relevant aspects.