1980 Hague Child Abduction Convention: Prompt return in case a parent takes the child to another country.
Scope of the Convention
- Child under 16 years of age
- Custody right must have been violated
- Taken from the child's country of habitual residence
- Turkey is a party since 2000
Return Process
- Custody holder application (Central Authority of the Ministry of Justice)
- Communication with the central authority of another country
- Extradition case (in a foreign country)
- Decision (6 weeks target)
- Return of the child
Reasons for Non-Return
- Best of the child (serious danger)
- The child is old and back does not want to return
- Custody right has not been violated
- 1 year has passed and the child has adapted to the new place
Taking Abroad from Türkiye
- Custodial parent has leave (with his/her own permission)
- Permission of non-custodial parent is required
- Otherwise, the crime of child abduction (TCK art. 234)
From Abroad Taking to Türkiye
- The other parent may file a return case
- Turkish court 1980 Convention is implemented
- The child is largely returned
Supreme Court 2. HD
2. HD adopts that in international child abduction cases, "best interest of the child" should be taken as the basis, but the return rule will mostly be applied in accordance with the contract.
Family and international law lawyer is recommended.