LAW OF THE REPUBLIC OF MOLDOVA

of December 13, 2024 No. 292

About special protection of children from illicit movement abroad or deduction

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject of the law

This law establishes procedures of hearing of cases about return illegally of the moved or withheld child aged up to 16 years to the place of its regular stay and about implementation of right of access to the child, and also determines the bodies and organizations responsible for data application of procedures.

Article 2. Scope of application

According to this law children use protection without any discrimination, irrespective of race, skin color, floor, language, religion, political or other convictions, nationality, ethnic origin, social origin, the status in case of the birth, financial position, degree and type of restriction of opportunities, features of development and education of the child, his parents or legal representatives / legally responsible persons, irrespective of the location of the child (family, teaching and educational organization, social service, medical institution, community and so on) or any other criterion.

Article 3. Basic concepts

For the purposes of this law the following basic concepts are used:

illicit movement of the child - evacuation of the child aged up to 16 years from the state of its permanent residence for the term exceeding 30 days in the absence of notarized written consent of other legal representative or depending on circumstances of person or body, authorized to protect the rights and interests of the child and to act for the benefit of also on behalf of the child in the questions concerning its protection, safety, health protection, education, property and other rights;

illegal deduction of the child - not return of the child aged up to 16 years to the state of its permanent residence after more than 30 days in the absence of notarized written consent of the legal representative or depending on circumstances of person or body, authorized to protect the rights and interests of the child and to act for the benefit of also on behalf of the child in the questions concerning its protection, safety, health protection, education, property and other rights;

the place of regular stay of the child - the place reflecting certain extent of the integration of the child on social and family environment based on close and stable relation of the child with this place. In case of determination of the place of regular stay of the child in each case all relevant actual data, in particular duration, regularity, conditions and the bases of stay of the child in the territory of the state, nationality of the child, the place and conditions of training, language skills, and also the family and social relations of the child in the relevant state are considered;

the residence of the child - the location of the child as which the residence of his parents or the residence of that from parents at which he lives constantly, the residence of his legal representative, the location of social service or the place established by the decision of degree of jurisdiction can act;

right of access - the right of the legal representative of the child to maintain with it the personal relations and direct contact, including the right to take away the child for limited period of time to the place which is not the place of regular stay of the child;

the highest interests of the child - providing proper conditions for growth and harmonious development of the child taking into account specific features of his personality and specific provision in which he is;

the legal representative of the child - the child's parent, person or body authorized according to the law to protect the rights and interests of the child and to be effective in its interests and from his name in the questions concerning its protection, safety, health protection, education, property and other rights;

the central body - the body appointed by the state for fulfillment of duties, the provided Convention on civil aspects of the international kidnapping signed in the Hague on October 25, 1980.

Article 4. Principles of protection of the child

Protection of the child is performed according to the following principles:

a) observance and priority promotion of the highest interests of the child;

b) observance of priority of development and education of the child in the conditions of family;

c) the priority right of parents to bring up the child according to the beliefs and first-priority responsibility of parents for development, education and protection of the child;

d) obligation of the state to give to family necessary assistance in development and education of the child;

e) equal opportunities and lack of discrimination;

f) cross-industry cooperation and multi-profile intervention;

g) individual approach to each child when rendering the help to it;

h) respect of advantage of the child;

i) ensuring participation of the child in adoption of the decisions concerning it taking into account its age and degree of maturity;

j) providing continuity of development and education of the child taking into account its ethnic, religious, cultural and language origin in case of taking measures to protection;

k) operational adoption of any decisions concerning the child;

l) responsibility of authorities for ensuring protection of the child against violence.

Article 5. Central body of the Republic of Moldova

The Ministry of Labour and Social Protection (further - the central body of the Republic of Moldova) is authorized to provide accomplishment of obligations assumed by the Republic of Moldova as a result of accession to the Convention on civil aspects of the international kidnapping signed in the Hague on October 25, 1980 (further - the Convention).

Article 6. Obligations of the central body of the Republic of Moldova

(1) For accomplishment of the tasks provided by the Convention the central body of the Republic of Moldova takes all necessary measures:

a) for establishment of the location illegally the child moved abroad or withheld according to the Convention;

b) for prevention of emergence of new threats for the child or damnification to concerned parties by acceptance or ensuring acceptance of temporary measures;

c) for ensuring voluntary return of the child or assistance to peaceful settlement of situation, including by means of mediation;

d) for exchange of information about social position of the child;

e) for provision of general information about the legislation of the state in the part concerning application of the Convention;

f) for initiation of judicial or ministerial procedures or assistance in initiation of the specified procedures with the purpose to achieve return of the child and on circumstances to provide the organization or effective implementation of right of access;

g) for assistance in receipt of legal aid in case of need, including by provision of the legal aid guaranteed by the state;

h) for ensuring return of the child in the procedure established by the law.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info