Recognition of a Foreign Custody Decision in Türkiye

For a custody decision given abroad to have effect in Türkiye, a recognition or enforcement decision is required. This article explains the framework of the subject.

🌍 Recognition and Enforcement Distinguished

For a foreign court judgment to have the effect of a final judgment (res judicata) in Türkiye, recognition is required; for it to be enforceable, an enforcement decision is required. For custody decisions, both are often requested together.

The competent court is the family court. For the general framework, see the article on recognition and enforcement of a divorce granted abroadTR.

⚖️ Limit of Review

The court does not re-examine the merits of the decision. The review covers whether the decision has become final, whether the right of defence was respected, whether Turkish courts have no exclusive jurisdiction, and whether the decision is not manifestly contrary to public policy.

In custody decisions, the public policy review is considered together with the best interests of the child.

🛫 Relationship with Child Abduction

Where a child is taken abroad by one parent unlawfully, an international return mechanism operates separately from recognition and enforcement.

This mechanism is return-focused and does not aim to decide the merits of custody; for details, see the article on international child abduction.

📌 Related Topics

The subject is also connected to divorce from a foreign spouse and divorce in Türkiye for Turkish citizens living abroadTR.

❓ Frequently Asked Questions