October 2015 · Free legal assistance

Poverty can separate children from their parents

How we helped four children come back home to Romania.

The story

One family, two countries

A Romanian family was living in Italy. The children had stayed behind at home, in their grandparents’ care.

In 2014, the parents trusted a promise made by an NGO in Italy and brought their children over to join them. They were glad the family was together again. According to the father, however, the promise turned out to be false, and the children ended up in the care of social services in Florence.

Towards the end of 2014, the children were placed in a child protection centre. At the same time, proceedings began to put them up for adoption – which would have torn the family apart.

The Italian authorities refused to recognise the father as the children’s parent. They did not accept the legal validity of the document in which the Romanian Consulate confirmed this, nor did they accept that the children were only in Italy on a visit, and had been there for a very short time.

What was at stake

  • Four children, all Romanian citizens, in a child protection centre in Italy
  • Adoption proceedings already under way
  • A father whose paternity was not recognised

How we stepped in

When the parents had lost hope

In October 2015, just a few weeks before the court hearing, the parents already believed they had no way of winning the case.

A nun in Florence wanted to help keep the family together. But she had no legal knowledge and no money for a lawyer. At her request, we gave the family free legal assistance.

To revive the hope of a reunited family – one in which the children can enjoy what matters most to them: their parents’ affection.

From the account published by the association

The legal steps

What we asked for, step by step

Legally, these children’s future could not be decided by a foreign court. That was our starting point.

  1. The children are Romanian citizens

    We provided legal support for the steps taken with the Romanian and Italian authorities. We pointed out that the four children are Romanian citizens and that only the Romanian courts can approve an adoption of this kind.

  2. Coming home

    We asked for the children to be repatriated and for obligations to be placed on the parents, as a guarantee that the children would not be brought back to Italy.

  3. Monitoring in Romania

    We asked the Italian courts to notify the child protection services in Romania, so that they could keep track of how the children are looked after at home.

  4. Legal aid

    The court in Florence ordered an expert report to establish the paternity of the four children. With our help, the family applied for state legal aid, so that the cost of the report would be covered.

The outcome

The children came home

In the end, the court in Florence accepted that the four children had been in their parents’ care. It decided to return them to their family and ordered that they be sent back to Romania.

Steps then followed with the local child protection service, so that parental authority could be delegated to the grandparents – in whose care the children returned to Romania.

  • 4 children brought back home to Romania with our legal support

Looking ahead

Education, their best chance

For these children, education is their best chance of a better life. The nun who asked for our help placed great emphasis on this.

We knew their education would be a challenge. An education centre for vulnerable children, right in their own community, would have helped them a great deal.

We are glad the family is back together. We hope these children will stay in Romania and get the best education possible – one that helps them build the life they want.

How we work for social inclusion

Reviving dreams, together

If you have salary income in Romania, you can support the association by redirecting up to 3.5% of the annual tax on that income through Form 230, a Romanian tax form. It costs you nothing. Or you can become a volunteer.

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