Skip to content
BEJ Beiușan Bogdan

Enforcing decisions concerning children

These are the hardest cases we have. It's not about money but about a child who has to go to the parent the court named, or see the other parent on the days in the schedule. We handle them patiently and, most of the time, we first try to get the parents to cooperate.

Which decisions are enforced by a bailiff

A bailiff enforces decisions that set the child's residence with one parent, interim court orders on the same matter and decisions that set the contact schedule: visits, weekends or holidays with the child. The procedure is governed by Article 910 and following of the Code of Civil Procedure.

The bailiff does not take the child by force. The procedure takes place in the presence of a representative of the county child protection service and, where needed, with the help of a psychologist. If a parent repeatedly refuses to comply with the decision, the court can order family counselling and impose fines.

For cases in Bihor we work with DGASPC Bihor, and for those in Satu Mare with DGASPC Satu Mare. We agree the date and time with them so the child doesn't have to be taken out of school or kindergarten.

Steps in the procedure

  1. The entitled parent submits the enforcement application and the court decision.
  2. Once enforcement is approved, the other parent receives the enforcement notice with the date and time when they have to hand over the child or respect the schedule.
  3. On the set date the bailiff goes to the child's home together with the DGASPC representative.
  4. If the handover takes place, everything is recorded in the official report.
  5. If the parent refuses or the child cannot be found, this is recorded, and at the entitled parent's request the court can order psychological counselling or fines.
  6. For visitation schedules, non-compliance can be recorded on each date in the schedule.

Documents you need

  • The enforcement application.
  • The court decision (divorce judgment, interim order, etc.), in original or certified copy.
  • A copy of the child's birth certificate.
  • The address where the child lives and, if you have them, the other parent's contact details.
  • The exact schedule from the decision, with the days and times when it was not respected.

Frequently asked questions

My child refuses to come with me. What does the bailiff do?

Nothing by force. The refusal is recorded in the official report, and the court can order psychological counselling for the child and the parents. In our experience, a second, better prepared attempt often works.

Do I have to open a new case every time I don't get to see my child?

Usually not. For a contact schedule, the same case can cover several meetings. We discuss at the start how to organise the dates so you don't pay for a new procedure every time.

Can this be solved without a bailiff?

Yes, if the other parent cooperates. Mediation is a good option, especially when the parents can still talk to each other. The bailiff steps in when the decision is not followed voluntarily.

The information on this page is general and is not a substitute for legal advice on a specific case. For your situation, call the office: 0744 143 226.