I. What the Court Decides
When parents separate, a Bulgarian court deciding on parental responsibility settles four matters under Article 59 of the Family Code: with which parent the child will live, which parent will exercise parental rights, the arrangements for personal contact between the child and the other parent, and child maintenance. Parents who agree may present a joint arrangement for the court's approval — for example as part of a divorce by mutual consent — and the court will approve it only if it protects the interests of the child.
The decisive criterion is always the best interests of the child. The court looks at each parent's capacity to raise the child, the child's attachment to each parent, the home environment, and the practical possibilities for care. It usually obtains a report from the social services, and a child who has reached the age of ten is normally heard in person; younger children may be heard depending on their maturity.
II. Which Court Has Jurisdiction
Where the other parent lives in an EU Member State, jurisdiction is governed by Regulation (EU) 2019/1111 (Brussels IIb). The general rule is that the courts of the Member State where the child is habitually resident at the time the court is seised have jurisdiction. It is therefore the child's centre of life that matters, not the nationality of the parents or where the divorce is heard — although the divorce court may, in certain circumstances and with the parents' acceptance, also decide parental responsibility.
Where the other parent lives outside the EU, Bulgarian courts apply the 1996 Hague Convention on the Protection of Children, to which Bulgaria is a party, and in its absence the Private International Law Code. Here too the child's habitual residence is the principal connecting factor.
If the child lawfully moves from one Member State to another, the courts of the former state retain jurisdiction for three months to modify an existing contact order in favour of the parent left behind. Beyond that period, jurisdiction follows the child.
III. Contact With a Parent Who Lives Abroad
A standard contact schedule — alternate weekends and a few days in the holidays — rarely works when one parent lives in another country. Bulgarian courts therefore approve or order arrangements tailored to distance: longer blocks during school holidays, contact in the parent's country of residence, regular video calls, and clear rules on who accompanies the child when travelling and who bears the travel costs.
A well-drafted arrangement anticipates the practical questions: how far in advance dates are fixed, where the handover takes place, what happens if a flight is cancelled, and how the child's passport is handled. Vague arrangements are the most common source of later litigation.
IV. Travel Abroad and Relocation
Travel abroad of a child, and the issue of the child's identity documents, generally require the consent of both parents. Where the parents disagree, Article 127a of the Family Code allows the court to decide in place of the parent who refuses. The court may authorise a specific trip or travel over a defined period, and it weighs the purpose of the travel, the destination, the duration and the risk that the child will not return.
Permanent relocation of the child to another country is a different matter. The parent who wishes to move needs either the consent of the other parent or a court decision changing the child's place of residence. A parent who takes or keeps the child abroad without such consent or permission risks a wrongful removal or retention under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, to which Bulgaria and all EU Member States are parties.
Return applications in Bulgaria are processed through the Ministry of Justice as central authority and heard by the Sofia City Court in an expedited procedure. The court's task in such proceedings is not to decide who should have custody but to restore the situation before the wrongful removal, subject to narrowly construed exceptions.
V. Child Maintenance Across Borders
Every parent owes maintenance to a minor child regardless of fault or of whether the child lives with them. Under Article 142 of the Family Code, the minimum maintenance for one child is one quarter of the national minimum monthly wage; the actual amount depends on the needs of the child and the means of the paying parent, and it is frequently higher.
Cross-border maintenance within the EU is governed by Regulation (EC) No 4/2009, and with many non-EU countries by the 2007 Hague Maintenance Convention. Maintenance decisions from another Member State are enforceable in Bulgaria without a separate declaration of enforceability, and the central authorities of the states concerned can assist a parent in locating the debtor and pursuing payment.
VI. Recognition and Enforcement of Foreign Orders
A custody or contact decision given in another EU Member State is recognised in Bulgaria without any special procedure. For proceedings started after 1 August 2022, decisions on parental responsibility are also enforceable without a declaration of enforceability: the parent relying on the decision presents it together with the certificate issued by the court of origin.
Decisions from non-EU states are recognised under the 1996 Hague Convention where applicable, and otherwise under the Private International Law Code. Recognition may be refused on limited grounds — for example where the child was not given an opportunity to be heard, or where recognition would be manifestly contrary to Bulgarian public policy — and enforcement of a foreign decision is sought before the Sofia City Court.
VII. Practical Considerations
- Establish early where the child is habitually resident — it determines which court decides.
- Put any agreement in writing and have it approved by the court; informal arrangements are not enforceable.
- Specify travel, passports and costs in the contact arrangement rather than leaving them for later.
- Do not relocate a child abroad without written consent or a court decision.
- Keep records of contact, payments and communication — they carry weight if the arrangement is later disputed.