The notion and essence of the return procedure or the exercise of the visitation right of child

The provisions regarding the procedure for returning the child to the state of his habitual residence and the exercise of visitation rights have been incorporated into the text of the Code of Civil Procedure of the Republic of Moldova starting from 2020. The definition of the procedure in question in the national specialized literature presents elements of ambiguity. Despite the given aspect, from the legal norms we can deduce that this is a special procedure, i.e. non-contentious, which is examined as an emergency and involves the court ruling on the admission or rejection of the request regarding the return of the child to the state of his habitual residence, or on the exercise the right to visit the child. In itself, the procedure under investigation concerns several constitutive and defining elements, in particular: illegal displacement, illegal detention and restriction of the right to visit the child. Each of these will be analyzed in the completed work.