Minor Leaving Romania: When You Need the Other Parent’s Consent and What to Do If They Refuse

This article is written for parents and caregivers who want to travel abroad with a Romanian minor (or a minor who must exit Romania through Romanian Border Police checks) and want to avoid last-minute problems at the airport or border. The rules below are primarily set by Law no. 248/2005 (free movement of Romanian citizens abroad), especially Art. 30–31, and are applied by Border Police when the minor exits Romania (Law 248/2005, Art. 30–31).

For disputes between parents (for example, one parent refuses consent), courts typically assess the child’s best interests as a guiding principle under Law no. 272/2004 (protection and promotion of children’s rights), and urgent, temporary court measures can be requested through the “presidential ordinance” procedure regulated by the Romanian Code of Civil Procedure (Art. 997–1002) (Law 272/2004, Art. 2; Code of Civil Procedure, Art. 997–1002).

Important: This is general legal information, focused on prevention and compliance. If your case involves domestic violence, restraining orders, or risk of abduction, you should get individualized legal advice quickly because the safest solution can differ from the “standard” travel scenario (Law 272/2004, Art. 2).

1) The core rule: Border Police will not “negotiate” missing consent at the border

When a minor exits Romania, Border Police must verify that the minor meets the legal exit conditions. If the conditions are not met, they will interrupt the trip; if the minor is not accompanied by at least one parent, Border Police must immediately inform the parents and request the child to be picked up as soon as possible (Law 248/2005, Art. 31(1)).

Even if “consent paperwork” exists, Border Police can still interrupt travel in specific risk scenarios described by law (for example, issues related to the accompanying adult’s status or criminal history), because the statute explicitly gives Border Police that authority (Law 248/2005, Art. 31(2)).

2) Quick decision matrix: When is the other parent’s consent required?

In practice, you should start by identifying who the minor travels with. Art. 30 of Law 248/2005 sets different conditions depending on whether the minor travels with both parents, one parent, another adult, or alone (Law 248/2005, Art. 30(1)–(1^1)).

Who is the minor travelling with?	Is the other parent’s notarised consent needed?	Legal basis
Both parents	No additional consent declaration (both are present), but the child must have a valid travel document.	Law 248/2005, Art. 30(1)(a)
Only one parent	Yes, in most cases: a notarised declaration from the other parent (or from the parent exercising parental authority / legal representative, depending on the case). There are specific exceptions (see below).	Law 248/2005, Art. 30(1)(b) and Art. 30(3), (6), (6^1)
Another adult (grandparent, partner, coach, etc.)	Yes: notarised declaration from both parents (or the legal representative / parent entitled by a final court decision).	Law 248/2005, Art. 30(1)(c)–(d)
Alone (unaccompanied minor)	Yes: notarised declaration from both parents or the legal representative, and additional conditions apply.	Law 248/2005, Art. 30(1^1)

3) What the consent declaration must include (and what people often forget)

If consent is required, Border Police will look for a notarised declaration (or a declaration made at a Romanian diplomatic/consular mission abroad, or another form accepted by law). The statute also sets mandatory content elements, especially destination and travel period (Law 248/2005, Art. 30(4) and Art. 30(7)).

Minimum content (practical checklist):

Destination state(s) (the country or countries the minor will travel to) (Law 248/2005, Art. 30(4)(a)).
Travel period: the declaration is given for travel within a period that, by law, must not exceed 3 years from the date the declaration is executed (this matters for repeat travel) (Law 248/2005, Art. 30(1)(b)).
Who accompanies the minor (identity details of the accompanying adult), if applicable (Law 248/2005, Art. 30(1)(c)–(d)).
Whether the minor stays at destination and, if yes, the identity of the person entrusted with the minor, plus the identity of the person the minor returns with (Law 248/2005, Art. 30(4)(d)).

Two duplicates: the law requires the declaration to be issued in two duplicates—one kept by the accompanying person, and the other to accompany the minor’s passport (Law 248/2005, Art. 30(7)).

4) Formalities: Notary vs. consulate vs. foreign notary (and why legalization may matter)

The statute recognises consent declarations executed as (i) authentic notarial acts in Romania, (ii) declarations given at Romanian diplomatic/consular missions abroad, and (iii) declarations executed abroad under local notarial conditions—subject to legalization/supralegalization rules, unless an applicable treaty waives them (Law 248/2005, Art. 30(7)).

Practical compliance tip: If the other parent is abroad, the safest approach is usually to execute the declaration at a Romanian consulate (or embassy section) so you avoid uncertainty about apostille/legalization and form acceptance under Romanian border checks (Law 248/2005, Art. 30(7)).

5) Common scenarios and what documents you typically need

A) Holiday travel (7–14 days) with one parent

Most “family vacation” travel is: minor + one parent. In this scenario, Border Police typically require the minor’s valid travel document plus the other parent’s notarised consent declaration, unless an exception applies (Law 248/2005, Art. 30(1)(b)).

Documents (typical):

Minor’s passport (or other valid travel document, as applicable).
Parent’s ID/passport (the accompanying parent).
Notarised consent declaration from the other parent (2 duplicates) stating the destination and period (Law 248/2005, Art. 30(4) and Art. 30(7)).
If the surname differs, carry a birth certificate copy to reduce practical friction (this is a prevention practice; the legal “exit” condition remains the declaration under Art. 30).

B) Visitation / contact visit abroad (child travels with the other parent during their schedule)

If the child is scheduled to spend time with the non-residential parent and that parent wants to take the child abroad, the same exit rule generally applies: when the child leaves Romania with only one parent, the other parent’s notarised consent is required unless an exception applies (Law 248/2005, Art. 30(1)(b)).

Separately, if one parent repeatedly blocks contact, the court can order protective measures and penalties aimed at ensuring the child’s return or preventing obstruction, including measures connected to passports/identity documents in specific contexts (Law 272/2004, Art. 20).

C) Child travels with another adult (grandparent, coach, teacher, family friend)

If the minor travels with an adult who is not a parent, the law requires a notarised consent declaration from both parents (or from the legal representative / authorised parent in the specific situations described by the statute) (Law 248/2005, Art. 30(1)(c)–(d)).

Practical warning: This is one of the most common “airport surprises” because families assume one signature is enough when the child is with a grandparent. Under Art. 30(1)(c), the rule is two-parent consent for non-parent accompaniment (Law 248/2005, Art. 30(1)(c)).

D) The child travels unaccompanied

Unaccompanied travel is specifically regulated. In addition to a valid travel document, the law requires a notarised declaration from both parents or the legal representative, and the declaration must include conditions required by the statute (Law 248/2005, Art. 30(1^1)).

E) Change of residence / longer stay abroad (relocation)

A long stay or relocation is legally and practically different from a short holiday, because it can affect the child’s habitual living arrangements and the other parent’s relationship with the child. In family disputes, Romanian law generally routes disagreements about parental responsibilities and the child’s living arrangements to the guardianship court, applying the child’s best interests (Law 272/2004, Art. 2; Civil Code (republished), Art. 496; Civil Code (republished), Art. 486).

If you are planning relocation, the “border declaration” alone may not solve the underlying dispute: you should aim for a clear legal framework (agreement or court decision) to avoid repeated blocks, enforcement issues, and cross-border litigation (Civil Code (republished), Art. 496(4); Code of Civil Procedure, Art. 997–1002).

6) Exceptions: Cases where the other parent’s consent may not be required

Law 248/2005 contains specific exceptions where a minor may exit Romania with one parent without the other parent’s notarised consent. These are narrow exceptions and should be treated carefully, because Border Police will assess them against the statutory conditions (Law 248/2005, Art. 30(3), (6), (6^1)).

Medical treatment abroad or to prevent life/health risk: the minor may exit with one parent without the other’s declaration in the cases described by Art. 30(3) (the statute describes the category and documentation logic) (Law 248/2005, Art. 30(3)).
The accompanying parent proves the other parent is deceased (typically by a death certificate) (Law 248/2005, Art. 30(6)).
The accompanying parent proves the other parent is deprived of parental rights (by a final court decision) (Law 248/2005, Art. 30(6)).
The accompanying parent proves the other parent is under a protection measure that forbids contact (as described in the statute; typically evidenced by the relevant court order) (Law 248/2005, Art. 30(6)).
Child has domicile or residence in the destination state: Art. 30(6^1) provides a specific rule for travel to that state, subject to statutory conditions (Law 248/2005, Art. 30(6^1)).

I cannot confirm your eligibility for any exception without reviewing documents (court decisions, medical documents, protection orders) and the exact travel scenario; Border Police apply the statute to facts and proof (Law 248/2005, Art. 30).

7) Schengen travel: “No border control” does not mean “no rules”

Even when travelling to states that fully apply the Schengen acquis, the law states that minors may exit Romania only if Art. 30 conditions are met (Law 248/2005, Art. 30(8)).

Additionally, Border Police can perform non-systematic checks at internal borders to verify compliance with Art. 30 conditions (this matters for land travel or flights within Schengen where checks may still occur) (Law 248/2005, Art. 30(9)).

8) Revocation of consent: When “I changed my mind” works (and when it doesn’t)

The law addresses revocation/retraction of the consent declarations used for exit. Revocation produces effects before Border Police only if the revocation declaration meets the same form requirements as the original (notarial/consular and legalization rules) (Law 248/2005, Art. 30(7^1) and Art. 30(7)).

Practically, this means: if you rely on a consent declaration, you should assume it can be revoked in a legally effective way, and you should reduce conflict risk by using clear travel plans, transparency, and—when needed—court protection in advance (Law 272/2004, Art. 2; Code of Civil Procedure, Art. 997).

9) Ultra-practical templates: What to ask the notary to include

Below are compliance-oriented templates you can adapt with a Romanian notary. These are not “official forms,” but reflect the statutory mandatory elements (destination, period, accompaniment, and—if relevant—staying arrangements) (Law 248/2005, Art. 30(4)).

Template 1: Consent declaration for travel with one parent

CONSENT DECLARATION (minor leaving Romania with one parent)

I, [Full name], [ID/passport], [address], as parent of the minor [Minor full name], born on [date], holder of [passport no.], hereby consent that the minor may travel outside Romania accompanied by the other parent, [Full name], [ID/passport], to the following destination state(s): [Country/Countries].

Travel period: The minor may travel within the period [start date] – [end date], within the legal maximum period allowed from the date of this declaration.

I confirm whether the minor will stay at destination: [Yes/No].
If Yes: the minor will stay with [Full name, ID/passport, address/contact], and the minor will return to Romania accompanied by [Full name, ID/passport].

Executed as an authentic notarial act in two duplicates.

This template is designed to capture the core statutory elements and the “staying arrangements” requirement where applicable (Law 248/2005, Art. 30(4)(a)–(d) and Art. 30(7)).

Template 2: Consent declaration for travel with another adult

CONSENT DECLARATION (minor leaving Romania with a non-parent adult)

We, [Parent 1 full name + ID] and [Parent 2 full name + ID], parents of the minor [Minor full name + passport], consent that the minor may travel outside Romania accompanied by [Accompanying adult full name + ID/passport], to [destination state(s)].

Travel period: [start–end], within the legal maximum period allowed from the date of this declaration.

We confirm whether the minor will stay at destination: [Yes/No].
If Yes: the minor will stay with [Full name + ID + contact], and the minor will return to Romania accompanied by [Full name + ID].

Executed as an authentic notarial act in two duplicates.

This corresponds to the statutory requirement of consent by both parents when the minor travels with another adult, plus the mandatory declaration content (destination, period, staying arrangements if applicable) (Law 248/2005, Art. 30(1)(c) and Art. 30(4)).

Template 3: Special power of attorney for passport issuance (when one parent cannot attend)

Separately from border exit, you may need to obtain or renew the minor’s passport. The implementing norms on passports describe that applications for passports for minors under 14 can be filed by both parents or by one parent empowered by the other via a special power of attorney / written agreement, and they also address situations where a court order substitutes consent (Implementing norms (Hotărâre/Norme), Art. 7).

SPECIAL POWER OF ATTORNEY (passport for minor)

I, [Full name], [ID/passport], hereby empower the other parent, [Full name], to file and sign the passport application for our minor child [Minor full name], including any related declarations required by law, to pay the statutory fees, and to collect the issued passport, if permitted by the competent authority.

Executed as an authentic notarial act.

If there is no consent and you rely on a court order substituting consent, the norms explicitly refer to such scenarios in the passport process (including reference to a presidential ordinance) (Implementing norms, relevant parts around Art. 7 and the minor passport consent list).

10) If the other parent refuses consent: prevention-first steps that also help you in court

Before you go to court, a prevention and compliance approach aims to (1) reduce conflict, (2) increase the chance of voluntary consent, and (3) create a clean evidence file if court intervention becomes necessary. Courts will generally look at the child’s best interests and proportionality when deciding parental disputes (Law 272/2004, Art. 2; Civil Code (republished), Art. 486).

Step 1: Send a “complete travel packet” request (not just “sign this”)

Many refusals happen because the requesting parent provides no detail. A compliance packet should include: itinerary (dates), destination, accommodation address, emergency contacts, return date, transportation details, and a statement that the trip will not interfere with court-ordered contact schedules (where applicable). This directly aligns with the statutory focus on destination and travel period, and reduces “uncertainty objections” (Law 248/2005, Art. 30(4)).

Step 2: Ask for a written reasoned answer by a specific deadline

If the other parent refuses, ask them to state the reason in writing and to propose conditions (e.g., extra contact time after return, additional info, a limitation to one destination). This is not a legal requirement in the border statute, but it is a practical step that often matters in later court evaluation of whether a refusal was justified or was an obstruction not aligned with the child’s best interests (Law 272/2004, Art. 2).

Step 3: Offer safeguards that match legal concerns

Provide proof of return: round-trip tickets, school calendar, employer leave approval.
Offer a “mirror” commitment: the other parent gets equivalent vacation time later.
Provide an emergency consent route: phone/video availability during the trip.
Confirm that the child’s documents remain accessible and not withheld.

If a dispute escalates to “risk of non-return,” note that Romanian child protection law contains tools focused on ensuring return and preventing obstruction, such as guarantees, penalties, or measures involving passports in specific contexts (especially around hosting and return) (Law 272/2004, Art. 20).

11) Legal route when refusal is unjustified: urgent court intervention (presidential ordinance)

If you cannot obtain consent and travel is time-sensitive (tickets, school holidays, medical scheduling), the commonly used procedural tool is the presidential ordinance—a fast, temporary measure. Under Art. 997(1), the court may order provisional measures in urgent cases where there is an appearance of right and delay would harm a right or cause imminent damage (Code of Civil Procedure, Art. 997(1)).

Key legal features you should understand before filing:

Provisional and enforceable: the ordinance is temporary and enforceable, and can operate until the underlying dispute is solved if the decision does not specify duration and facts remain unchanged (Code of Civil Procedure, Art. 997(2)).
No decision on the merits: the ordinance cannot resolve the dispute “in substance” and cannot impose measures that would make restoration of the prior situation impossible (Code of Civil Procedure, Art. 997(5)).
Competent court: you file with the court competent to decide the merits in first instance (Code of Civil Procedure, Art. 998).
Speed: the court can decide even without summoning the parties; in special urgency, even the same day; motivation must be within 48 hours from pronouncement (Code of Civil Procedure, Art. 999(2)–(4)).
Appeal deadline: the ordinance is generally subject only to appeal within 5 days (from pronouncement if parties were summoned; from communication if not) (Code of Civil Procedure, Art. 1000(1)).

From a child-rights perspective, courts should apply the principle of the child’s best interests when deciding measures concerning children (Law 272/2004, Art. 2). In parental disagreements, Romanian family law routes the dispute to the guardianship court, which should consider psychosocial assessment and (depending on age) the child’s hearing (Civil Code (republished), Art. 486; Civil Code (republished), Art. 496(3)).

What you typically ask the court for (practical framing)

Authorization for the minor to travel to specified destination(s) for a defined period, accompanied by the applicant parent (mirroring the statutory travel declaration elements) (Law 248/2005, Art. 30(4)).
Substitution of the other parent’s consent for the purpose of border exit and (if needed) passport issuance.
Ancillary safeguards: obligation to provide itinerary and contact information; return date; possibly temporary measures connected to preventing obstruction, depending on facts (Law 272/2004, Art. 20).

Evidence package (what usually matters)

Proof of the travel purpose: tickets, booking, invitation, school event, medical appointment.
Proof of return and stability: school enrollment, schedule, return flight, employer leave.
Communication showing your transparent request and the other parent’s response/refusal (or silence).
Any court decisions on custody/residence/contact schedule, if relevant.
If there are safety concerns: documents supporting them (protective orders, police reports) because they can change the analysis and may trigger exceptions or different measures (Law 248/2005, Art. 30(6)).

I cannot confirm which court solution is available in your case without a factual review. The ordinance procedure is designed for urgent, temporary measures and has strict limits (it cannot decide the merits and must remain reversible) (Code of Civil Procedure, Art. 997(5)).

12) Passport problems: The “hidden” blockage before the border

In real life, many trips fail earlier: one parent refuses to cooperate in obtaining or renewing the child’s passport. The implementing norms on passports for minors under 14 describe that passport applications are made by both parents, or by one parent empowered by a special power of attorney / written agreement; they also cover scenarios where a court order substitutes consent (Implementing norms, Art. 7).

So, if your travel is in 3–4 weeks, do not assume the “border declaration” alone is enough. Make a timeline that includes (1) passport status, (2) consent declaration, and (3) any court steps required (Implementing norms, Art. 7; Law 248/2005, Art. 30).

13) Risk management: What happens if a child is wrongfully kept abroad?

If a child is taken abroad or kept abroad in breach of custody/parental responsibility rights, international mechanisms may apply. The 1980 Hague Convention on the Civil Aspects of International Child Abduction aims to secure the prompt return of children wrongfully removed or retained (see Art. 1 of the Convention) (Hague Convention 1980, Art. 1).

Within the EU, cross-border parental responsibility and child abduction matters are also addressed by Council Regulation (EU) 2019/1111 (“Brussels IIb”, recast), which covers jurisdiction, recognition and enforcement, including international child abduction aspects (Regulation (EU) 2019/1111).

These instruments are not “travel paperwork.” They are consequences and remedies when things go wrong—so the compliance goal is to structure travel transparently and lawfully, to reduce the risk of escalation into cross-border litigation (Hague Convention 1980; Regulation (EU) 2019/1111).

14) Checklist: 7 days before departure

Confirm the travel companion scenario (both parents / one parent / non-parent / unaccompanied) and match it to Art. 30 requirements (Law 248/2005, Art. 30).
Check passport validity and whether a new passport application is needed; if a parent cannot attend, plan a special power of attorney or court step (Implementing norms, Art. 7).
Draft the consent declaration with required elements: destination state(s), period, staying arrangements if relevant, identity of companion, return companion (Law 248/2005, Art. 30(4)).
Execute the declaration in two duplicates and store them separately (one in carry-on, one with passport) (Law 248/2005, Art. 30(7)).
If the other parent is abroad, consider executing the declaration at a Romanian consulate to reduce legalization risk (Law 248/2005, Art. 30(7)).
Send the travel packet (itinerary, accommodation, contact, return details) and request written response if consent is pending (best-interest framing) (Law 272/2004, Art. 2).
If refusal persists and travel is urgent, consult counsel about a presidential ordinance request and assemble evidence (tickets, school calendar, communications) (Code of Civil Procedure, Art. 997–1000).

15) Checklist: On the day of departure

Minor’s passport / travel document (original).
Accompanying adult’s ID/passport (original).
Notarised consent declaration(s) in the correct scenario, in two duplicates (and make sure the “right” duplicate is with the passport as required by law) (Law 248/2005, Art. 30(7)).
Supporting documents if you rely on an exception (e.g., death certificate; final court decision; protection order; relevant documents showing the child’s domicile/residence in destination state) (Law 248/2005, Art. 30(6) and Art. 30(6^1)).
Itinerary and contact sheet (print + phone copy) to answer any practical questions consistently with the declaration content (Law 248/2005, Art. 30(4)).
If travelling within Schengen, don’t assume “no checks”: carry documents as if checks will happen, because non-systematic checks are legally possible (Law 248/2005, Art. 30(9)).

16) Practical FAQ (compliance-focused)

Does the declaration have to be “for exact dates,” or can it cover multiple trips?

The statute allows the declaration to be given for travel within a period that must not exceed 3 years from the date of execution (relevant especially for one-parent travel). In practice, many parents still choose precise dates to reduce dispute risk, but the legal ceiling is defined in the law (Law 248/2005, Art. 30(1)(b)).

What if the other parent refuses because they fear the child won’t return?

A fear of non-return can be a legitimate concern in some cases, but courts generally evaluate it against evidence and the child’s best interests. Romanian child protection law also provides tools aimed at ensuring return/avoiding obstruction in certain contexts (measures, guarantees, penalties), and urgent court procedures can impose structured safeguards (Law 272/2004, Art. 20; Code of Civil Procedure, Art. 997).

Can Border Police accept a scanned declaration on my phone?

The law regulates the declaration as an official act issued in specific forms and requires it in two duplicates, with one duplicate accompanying the minor’s passport. For compliance, you should assume you need originals in the required format and duplicates arrangement (Law 248/2005, Art. 30(7)).

If the child’s passport is expired but the trip is urgent, what then?

Passport issuance can be urgent in certain cases. The implementing norms include rules about temporary passports and required documents in urgent travel scenarios, including references to situations and supporting documents (travel continuation necessity, health/family/professional urgency), but the exact eligibility must be checked against the current administrative practice and your facts (Implementing norms, Art. 8 and Art. 8^1).

I cannot confirm whether you qualify for a temporary passport route without reviewing the reason for urgency and the documents you can provide (Implementing norms, Art. 8).

17) “Most common mistakes” that lead to being stopped at the border

Wrong scenario: child travelling with grandparent but only one parent signed (non-parent travel usually requires consent by both parents) (Law 248/2005, Art. 30(1)(c)).
Declaration missing destination state(s) or travel period (mandatory content) (Law 248/2005, Art. 30(4)).
No clarity on “staying abroad” and entrusted person, when the trip involves the child remaining at destination (mandatory when applicable) (Law 248/2005, Art. 30(4)(d)).
Only one duplicate or the duplicate arrangement is wrong (one should accompany the passport) (Law 248/2005, Art. 30(7)).
Relying on “Schengen means no checks” and travelling without documents (non-systematic checks are legally possible) (Law 248/2005, Art. 30(9)).