International Child Abduction and the Hague Convention in Türkiye

As international marriages and life across borders become more common, one parent taking a child to another country, or keeping the child there, without the other parent's consent has become a significant legal problem. An international mechanism exists for these situations. The subject is covered below for general information.

🌐 The Hague Convention and Domestic Law

The 1980 Hague Convention on the Civil Aspects of International Child Abduction aims to secure the prompt return of a child who has been taken to, or kept in, a country in breach of custody rights, to the country of the child's habitual residence. Türkiye is a party to the Convention, and its application is regulated by Law No. 5717 on the Legal Aspects and Scope of International Child Abduction.

🏛️ The Central Authority and the Return Process

The central authority responsible for carrying out the Convention is the Ministry of Justice; the process runs through the local Chief Public Prosecutor's Offices. A return request is sent to the competent authorities of the country where the child is located, and the case is conducted for the purpose of the child's immediate return, independently of the underlying custody dispute. As a rule, a return case is not a decision on the merits of custody; its aim is to remove the child from the unlawfully changed environment and allow the court of the competent country to assess the matter.

⚖️ Limits of a Return Request

As a rule, return can be requested for children under a certain age, and the Convention provides exceptional situations in which return may be refused. Situations such as one where returning the child would expose them to a grave risk are assessed by the competent authority. A custody case filed while the return case is pending is, as a rule, put on hold; priority is given to the return process.

🔗 Related Topics

Our related articles: Custody in DivorceTR, Custody and Taking a Child AbroadTR, Personal Contact with the ChildTR and Marriage and Divorce Involving a Foreigner.

❓ Frequently Asked Questions