What must be decided when there are children
A divorce involving minor children requires, in addition to ending the marriage, a set of measures that directly concern the children. The guiding principle, set by law and applied by the courts, is the best interests of the child, not the interests of either parent.
The main issues to settle are the following:
- How parental authority will be exercised.
- Where the child will live after the divorce.
- Each parent's contribution to the costs of raising and educating the child (child support).
- The contact schedule with the parent the child does not live with.
- The surname each spouse will use after the divorce.
Parental authority and the child's home
The rule is that both parents continue to exercise parental authority jointly after divorce. This means that important decisions about the child, such as schooling, major medical treatment or travel abroad, are made together. Only in exceptional situations, for serious reasons, may the court decide that one parent alone will exercise parental authority.
Separately, a decision is made on which parent the child will live with. The court looks at several factors: the child's attachment, housing conditions, each parent's availability, stability of the living environment and, where appropriate, the child's own views. A child aged 10 or over is heard, and their opinion is weighed according to their age and maturity.
Child support
The parent the child does not live with contributes to the child's expenses, usually through a monthly payment. The Romanian Civil Code sets maximum limits based on the paying parent's net monthly income: up to one quarter for one child, up to one third for two children and up to one half for three or more children.
The actual amount depends on the child's needs and the parent's means. It can be changed later if circumstances change significantly, for example a major rise or fall in income or in the child's needs.
The contact schedule
The parent the child does not live with has the right to maintain personal contact: meetings, visits, weekends, holidays and special occasions, as well as remote communication. A clear and detailed schedule prevents many later conflicts. It can be agreed by the parents or, failing agreement, set by the court.
In practice, a schedule may include, for example, alternate weekends, part of the school holidays and alternating special occasions. It should take into account the child's age, the distance between the parents' homes and the child's school activities. If one parent lives abroad, the schedule needs to be adapted, and moving the child to another country generally requires both parents' consent or a court decision.
Divorce before a notary or in court?
A divorce before a notary is possible even where there are minor children, provided the spouses agree both on the divorce and on all measures concerning the children: parental authority, the child's home, child support and the contact schedule. The notarial procedure requires an application by both spouses and a 30-day reflection period before the divorce certificate is issued.
If there is no agreement on every point, the only route is the court. A court divorce can also be by mutual consent, or based on the fault of one or both spouses or other grounds set by law. The court may order a psychosocial assessment and may hear the child.
- Notary: quicker and less adversarial, but only with full agreement.
- Court: necessary where there is any disagreement, even on a single issue concerning the children.
Preparing for divorce
Before filing, gather civil status documents, proof of income, evidence of the child's expenses and any other relevant documents about the family's situation. If agreement is possible, a well-prepared negotiation can shorten the process considerably. Separately from the divorce, the division of jointly owned property may also be needed.
The information in this article is general. Every family's situation is different and needs an individual analysis.
If you are considering divorce and have minor children, the Law Office of Bocse Marian-Mihaita can help you understand your options. We assist in negotiating an agreement or represent you in court anywhere in Romania, including where one spouse lives abroad.
This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.
