Failure to comply with measures concerning custody of a minor

Legal defence in cases involving failure to comply with child custody measures

Failure to comply with child custody measures (Article 379 of the Criminal Code) includes a parent retaining a child without the consent required by law and, under paragraph (2), repeated obstruction of personal contact by the person entrusted by judgment with the child’s upbringing and education. The penalty is one to 3 months’ imprisonment or a fine. Criminal proceedings begin on a prior complaint; reconciliation under Article 159 is not provided. Withdrawal follows current Article 158, including endorsement by the prosecutor.

Burden of proof, repeated conduct and defence strategies

We check the judgment, applicable agreements and specific conduct. Paragraph (2) requires entrustment by judgment and repeated obstruction, not merely the label of resident parent. The child’s refusal and best interests are factually relevant but do not automatically justify every breach.
The lawyer can support a lawful solution and checks the prior complaint. There is no reconciliation at any stage within Article 159; withdrawal follows current Article 158. Varying a civil contact arrangement and the criminal defence are distinct actions.

Urgent legal assistance in Romania

Bitter disputes over child custody and contact arrangements frequently develop into criminal complaints filed with police as a tactic of mutual harassment. These steps not only increase children’s trauma but can quickly expose you to a criminal conviction affecting your social and professional standing.
Basuc Cosmin Law Office provides urgent legal assistance and dedicated representation in these sensitive cases, adapted to practical realities. We rigorously analyse divorce judgments or contact arrangements for ambiguities that exclude deliberate criminal conduct and assist throughout interviews conducted by criminal investigation bodies in Romania.
Whether the investigation takes place in any part of Romania, we actively participate to propose witness evidence, psychological reports or message communications demonstrating your good faith. We also facilitate mediation to resolve the dispute amicably; if trial is unavoidable, we provide an active defence before competent district courts, seeking to protect your parental rights, liberty and your child’s peace of mind.