Even the custodial parent of divorced couples may have to obtain the other parent's approval to take the child abroad.
Requirement of Approval
- Even the custodial parent must obtain the written consent (notary) of the other parent
- Otherwise, he/she may be kept at the border
- Suspicion of child abduction
If the Other Parent Does Not Approve
- Permission from the family court request
- The judge evaluates the best interests of the child
- Reason for traveling abroad (education, holiday, visit)
Prohibition on Traveling Abroad
- The other parent may request
- The court decides
- Capture at the border is possible
1980 Hague Convention
- When the child is taken, the other parent's return case can open
- Children under the age of 16
- Fast process (6 weeks target)
Criminal Liability
- TCK art.234: kidnapping of a child (3 months - 1 year imprisonment)
- Crime if there is no consent of the other parent
Supreme Court 2. HD
2. HD adopts that "the will of both parents" must be obtained for the child's travel abroad, and that decisions cannot be made alone for the benefit of the child.
Family law lawyer is recommended.