Child Custody and Taking a Child Abroad in Türkiye

After a divorce, one parent wanting to go on holiday with the child, or to live in another country altogether, gives rise in practice to some of the most tense custody disputes. A short trip and permanent relocation are not equal in law and are subject to different rules.

✈️ Short Trips: The Authority of the Custodial Parent

The parent who has been given custody is the sole authority in the care and representation of the child; within this scope, that parent can apply for a passport on the child's behalf and, as a rule, can make temporary trips such as holidays and visits abroad with the child without the other parent's permission. However, the trip must not obstruct the personal contact days set by the court; repeated breaches of contact days can be used as grounds for a case to change custody.

🌍 Permanent Relocation: Moving Abroad

Moving the centre of the child's life to another country, unlike a temporary trip, fundamentally affects the other parent's right to personal contact. For this reason, an intention to settle abroad is assessed against the standard of the best interests of the child, together with factors such as the child's education, adjustment and how the relationship with the other parent will be maintained. The other parent may ask the court to change custody or to rearrange personal contact on the claim that the move is contrary to the child's interests; where necessary, the court sets up an international contact arrangement (long periods together during holidays, online contact and so on).

🚫 Travel Ban on the Child

Where there is a risk of the child being abducted, the family court may, at the request of one of the parents, decide as an interim measure to ban the child from leaving the country. This measure can also be requested during a custody or divorce case. The ban is recorded and applied at border gates, and it is lifted only by a court decision.

🌐 International Child Abduction (Hague Convention)

Where a child is taken to, or kept in, another contracting state in breach of custody rights, the 1980 Hague Convention on the Civil Aspects of International Child Abduction comes into play: the prompt return of a child habitually resident in Türkiye can be requested through the central authorities (the Ministry of Justice). The same mechanism works in reverse for children brought unlawfully to Türkiye. As a rule, a return application is strongly protected when made within one year of the abduction.

🔗 Related Topics

Custody in divorceTR · Changing custodyTR · Personal contact with the childTR · Divorce from a foreign spouse

❓ Frequently Asked Questions