By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Bulgaria is a Contracting State to the Hague Convention on the Civil Aspects of International Child Abduction, having deposited its instrument of ratification in May 2003. The Convention entered into force in Bulgaria on August 1, 2003, and became effective as between Bulgaria and the United States on January 1, 2005.
As a result, wrongful removal or retention cases involving children between Bulgaria and other Convention countries, including the U.S., are governed by the Hague Convention framework, with a strong emphasis on prompt return and restoration of the status quo.
Applicable Law and Judicial Framework
Hague Convention proceedings in Bulgaria are handled exclusively through the courts and are governed procedurally by the Bulgarian Code of Civil Procedure (CCP). Where a case falls within the Convention’s scope, the Convention itself is the controlling substantive law.
Bulgarian courts are not permitted to refuse the return of a child on discretionary or equitable grounds outside those expressly enumerated in the Convention. This reflects Bulgaria’s strict adherence to the Convention’s objectives of deterrence and swift resolution.
Central Authority in Bulgaria
Pursuant to Article 6 of the Hague Convention, Bulgaria has formally designated its Ministry of Justice as the Central Authority.
Central Authority:
Ministry of Justice
1 Slavyanska Street
Sofia 1040, Republic of Bulgaria
In its role as Central Authority, the Ministry of Justice plays a central coordinating function in both return and access cases.
Specialized Court Jurisdiction and Procedure
Bulgarian law provides a specialized and expedited judicial pathway for Hague Convention matters.
Amendments to the Code of Civil Procedure, published in State Gazette Issue No. 84 of 2003, introduced a dedicated procedural section titled:
“Proceedings on a Child’s Return or on the Exercising of the Right of Access.”
Key procedural features include:
- Exclusive jurisdiction lies with the Sofia City Court for all Hague return and access applications
- The Sofia City Court must issue a decision within 30 days of the application being filed
- Appeals are lodged with the Sofia Court of Appeals within 14 days of the lower court’s decision
- The appellate court must render its decision within 30 days, and that decision is final
This statutory structure reflects Bulgaria’s commitment to the Convention’s requirement for expedited handling of international child abduction cases.
Role of the Ministry of Justice in Hague Proceedings
In addition to its administrative functions, the Bulgarian Ministry of Justice actively participates in Hague Convention cases.
The Ministry:
- Assists parties in exploring voluntary resolution of child abduction and access disputes
- Transmits applications and supporting documents through official channels to the Sofia City Court
- Participates in court proceedings through an authorized representative
- Assists applicants in retaining and empowering local legal counsel
- Acts as a liaison between the applicant and the judicial authorities, helping ensure procedural compliance and timely adjudication
This coordinated approach is designed to facilitate efficient proceedings while safeguarding the Convention’s objectives.
Strategic Considerations
HAGUE Convention cases involving Bulgaria move quickly and leave little margin for procedural error. Success often depends on:
- Immediate and accurate framing of wrongful removal or retention
- Careful compliance with Convention defenses and evidentiary standards
- Strategic coordination between U.S. counsel and Bulgarian proceedings
- Swift engagement with the Central Authority and local court process
Strategic Considerations in Cross-Border Cases
When Bulgaria is involved, child-abduction risk and relocation planning must take priority, often requiring immediate HAGUE-focused analysis.
At Multi-Jurisdictional Divorce, PLLC, we advise clients on coordinating Hague Convention remedies, international relocation disputes, working closely with local counsel where appropriate. When Bulgaria form part of your family’s legal landscape, early, coordinated planning can be decisive.