Case study 2 - family law - custody of the children - Romania

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In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorised to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.


Costs of proceedings


Costs in Romania

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Case A

RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)

In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid

1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty)

2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty)

3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party

50% of RON 8.3 (approximately EUR 1)

In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid

Case B

RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)

In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid

1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty)

2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty)

3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party

50% of RON 8.3 (approximately EUR 1)

In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid



Case Study

ADR

Is this option open for this type of case?

Costs

Case A

Yes

Costs are provided in the mediation contract, as agreed by the parties and the mediator.

Case B

Yes

Costs are provided for in the mediation contract, as agreed by the parties and the mediator.


Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Case A

NO

Variable costs depending on the legal assistance contract

Not applicable in this case, as representation is not compulsory

NO

Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party (the father) does not execute it willingly

Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty)

Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100)

Bailiff’s feesRON 50 (approximately EUR 12.5) minimum fee and RON 500 (approximately EUR 125) maximum fee

Case B

NO

Variable costs depending on the legal assistance contract

Not applicable in this case, as representation is not compulsory

NO

Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party (the father) does not execute it willingly

Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty)

Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100)

Bailiff’s feesRON 50 (approximately EUR 12.5) minimum fee and RON 500 (approximately EUR 125) maximum fee


Case Study

Expert

Is use compulsory?

Cost

Case A

NO

Not applicable in this case

Case B

NO

Not applicable in this case



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Case A

Yes

Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc)

Eventual requests for insuring evidence

RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)

Case B

Yes

Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc)

Eventual requests for insuring evidence

RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)



Costs for legal aid and other reimbursement



Case

study

Legal Aid

When and under which conditions is it applicable?

When is support total?

Conditions?

Case A

Please see annex 1 attached

Please see annex 1 attached

Please see annex 1 attached

Case B

Please see annex 1 attached

Please see annex 1 attached

Please see annex 1 attached


Case

study

Reimbursement

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

What costs are never reimbursed?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

Yes

In general 100% of the costs are reimbursed

If the mother wins, all the costs borne by her can be recovered from the father in this case

NO

Case B

Yes

In general 100% of the costs are reimbursed

If the mother wins, all the costs borne by her can be recovered from the father in this case

NO



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Approximative cost?

Case A

Not applicable in this case

Not applicable in this case

When the party who should be heard by the court is deaf or mute, or does not know how to write.

RON 23.15 per hour (approximately EUR 6)

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Case B

1. When documents submitted to the court (part of the case dossier) are written in another language.

2. In addition, when the party contests the accuracy of the document translated into Romanian, the court may request the translation of the document by an authorised translator.

The costs may vary according to the translation contract or, if the translation is performed by an authorised translator at the court’s request, a fee of RON 33.56 (approximately EUR 8) per page in A4 format should be paid.

If al least one of the parties does not speak Romanian.

State A= Romania

RON 23.15 per hour (approximately EUR 6)

Yes, but are borne by the state

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Last update: 24/06/2019