LEGAL ASSESSMENT

The return of a child is a different examination from deciding who is to have custody

The return process under the 1980 Hague Convention concerns the child’s return to the country of habitual residence before the child was wrongfully removed or retained. A return decision is not a decision that determines the merits of custody. The child’s age, the former center of the child’s life, the exercise of custody rights and the applicability of the Convention between the two countries concerned are assessed together.

In return files with a Türkiye connection, Güneş & Güneş Law Firm provides legal support for preparing the application, representation in judicial proceedings, objections under the Convention and protective measures. The dates of the events and the child’s safety are addressed at the outset; action is not delayed to await the progress of a divorce file alone.

SCOPE OF SERVICES

Our Services in the Child Return Process

Review the heading that fits your needs. The work to be undertaken is determined by assessing the documents and the circumstances of the file.

Scope of the Convention and initial assessment

Not every international relocation automatically falls within the Hague return process.

The child’s age, the date of removal or retention and the country where the child is located
Checking whether the Convention is in force between the two countries and the acceptances of accession
The former habitual residence and the custody right alleged to have been breached

Habitual residence and timeline of events

The actual center of the child’s life and the nature of the relocation are assessed on the basis of documents.

Records on school, care, health, living and family arrangements
The purpose of the trip, the planned return date and later developments
Distinguishing a temporary visit from a permanent move and from subsequent retention

Review of custody rights and consent

Not only the existence of a court decision but also the rights arising under the relevant law and their actual exercise are examined.

Determining the rights arising from law, a decision or a valid agreement
Actual exercise of the right before the relocation
Prior permission, subsequent acquiescence and the evidence relating to them

Preparing the central authority application

The application is prepared according to the country where the child is located and the procedure that applies.

Application form, summary of events, decision and supporting documents
Following the process with the Ministry of Justice central authority in Türkiye and the other authorities concerned
Checking the language, translation and document exemption requirements

Representation in the return action in Türkiye

The procedure for actions and related applications under Law No. 5717 is observed.

Following the action filed by the Chief Public Prosecutor’s Office (Cumhuriyet Başsavcılığı) on behalf of the central authority
Presenting requests, statements and evidence before the competent family court
Where necessary, legal remedies and steps that follow the decision

Legal defense against a return request

The grounds for refusal in the Convention are assessed on the basis of the specific facts and the evidence.

Allegations that custody rights were not exercised, or of consent or subsequent acquiescence
Review of serious physical or psychological danger and of an intolerable situation
The child’s views in line with the child’s age and maturity, and the other conditions of the Convention

Protective measures and personal contact

While the return review is pending, the child’s safety and suitable conditions for contact are addressed separately.

Assessing needs relating to relocation, passports and other interim measures
Requests concerning safe visits and personal contact arrangements
Necessary expert evaluation and coordination on protecting the child

Coordination with the process in the foreign country

In files where the child is outside Türkiye, local representation and Türkiye documents are planned together.

Arranging communication between an authorized attorney in the relevant country and the central authority
Preparing custody, civil registry and other records in Türkiye
Aligning application, notification and protection steps between the countries

Enforcement of the decision and return arrangements

The issuance of a decision and its actual enforcement are handled as separate stages.

Reviewing finality, legal remedies and the conditions of enforcement
The current child handover procedure in Türkiye and coordination with the competent units
Applicable arrangements on travel, handover and the child’s safety

BEFORE YOU DECIDE

Distinctions of Time and Scope in a Return Application

Time limits and grounds for refusal are often misunderstood. The first assessment should be based on the dates of the events and the legal relationship between the two countries concerned.

Age 16 and application between the two countries

The application of the Convention ends when the child reaches the age of 16. The Convention must also be in force and applicable between the two countries concerned; the mere fact that both countries appear on a list may not be sufficient. The dates of accession, acceptance and entry into force are checked for the specific countries.

Wrongful removal or retention

Under the law of the habitual residence immediately before the relocation, it is assessed whether an existing custody right was breached and whether that right was actually being exercised or would have been exercised but for the event. A trip that began with permission may later take on a different character through retention in breach of the conditions of return.

One year does not automatically end the right to apply

The one year in Article 12 of the Convention relates to the period between the wrongful removal or retention and the commencement of proceedings before the competent judicial or administrative authority in the State where the child is located. Return may also be ordered after one year; the child’s having settled in the new environment is added to the assessment. The first correspondence with the central authority should not be regarded as the same as this date in every case.

Six weeks is not a promise of a definite outcome

Article 11 of the Convention provides for expeditious action. If no decision is made within six weeks from the commencement of the proceedings, an explanation of the reasons for the delay may be requested. This provision does not mean that every case will become final in six weeks or that an application can be made only within six weeks.

Return, custody and criminal investigation

A return decision is not regarded as a decision on the merits of custody; it does not, by itself, determine that the child is definitively left with one parent. Custody and personal contact, and the criminal law dimension, are assessed separately. The process of returning a child should not be confused with the extradition procedure for offenders.

Exceptions to return and the child’s views

The grounds in Articles 13 and 20 of the Convention depend on separate conditions and on review of the evidence. General divorce allegations are not automatic grounds for refusal. The child’s views are assessed together with age and maturity; the Convention does not contain a fixed age threshold of 10 or 12 that applies to every file.

The action in Türkiye and enforcement of the decision

Under Article 7(2) of Law No. 5717, the action is filed on behalf of the central authority by the local Chief Public Prosecutor’s Office. The current wording of Article 18 of the same Law refers, for carrying out the decision, to the child handover provisions in Part Four of Law No. 5395. The decision is enforced through the current child handover procedure and the competent judicial support and victim services units (adlî destek ve mağdur hizmetleri).

Urgent safety needs and the consultation request

If there is a specific and urgent danger to the child’s safety, the competent emergency assistance and protection authorities in the country where the child is located should be contacted without delay. The online consultation form is not an emergency assistance channel; the stated first response period does not stop legal application time limits.

OUR APPROACH

First We Review the Dates, the Child’s Center of Life and the Need for Protection

We do not assess the file only on the basis of the divorce decision or citizenship. We examine together the child’s life before the relocation, the source of the rights, the travel and return arrangements and the existing decisions. We explain the limits of duties and representation in Türkiye, the role of the attorney in the foreign country and the function of the central authority, and on that basis we build the application and evidence plan.

Initial dates and safety assessment
The child’s date of birth, the country where the child is located, the former center of the child’s life, the date of removal or non-return and any urgent risks are identified.
Convention and rights check
The application between the two countries, the custody right, its actual exercise, consent and existing judicial decisions are examined. If options outside the Convention are needed, they are explained separately.
Preparing the application and evidence
The timeline of events, the necessary documents, translations and the application to the competent authority are prepared. The receipt of the application and the start of the action are followed as separate dates.
Proceedings and protective measures
The request or defense, expert evaluations and measures relating to the child’s safety are followed. If voluntary return is possible, the conditions of safety and practicability are taken into account.
Decision, legal remedies and enforcement
The scope of the decision and the conditions of finality and enforcement are assessed. The child’s return arrangements and coordination among the authorities of the countries concerned are carried out according to the specific decision.

PREPARING FOR THE FIRST CONSULTATION

Preparing for the First Consultation in a Child Return File

A short summary of the events is enough for the first application. Detailed documents are requested through a secure channel once the scope of the review has been determined.

What you can prepare at the start

A short summary of the child’s age, the country where the child is located and the former place of residence
A timeline of the dates of removal, planned return and non-return
Whether there is a custody, personal contact or protection decision
Information on permissions and correspondence concerning travel or settlement
Any current application, lawsuit, notification and urgent safety need

What may be requested depending on the file

Records showing birth and the family relationship
Court decisions, agreements and documents on the law of the relevant country
Necessary records showing the school, health and care arrangements
Lawfully obtained evidence of travel and communication
Central authority application documents, necessary translations and the authority to represent

An apostille is not requested for every return document

Article 23 of the 1980 Hague Convention provides that no legalization or similar formality may be required; Law No. 5717 also contains a special provision on documents sent to the central authority. For this reason, the work does not begin with a general apostille list. The channel through which the document will be submitted, its purpose and its language are checked. The child’s identity and location information is not published through open channels.

Confidentiality of your information

The information and documents you share are used, within the framework of the attorney’s professional secrecy and the principles of personal data protection, only for legal assessment and for carrying out the work undertaken. Do not send passwords, access codes or unnecessary identity information. For sensitive documents, use the secure sharing method that our office will specify.

Statement on confidentiality and information security

REPRESENTATION AND COMMUNICATION

Representation and Coordination in Child Return Files with a Türkiye Connection

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, follows the process before the competent family court and the authorities concerned in files where the child is in Türkiye, according to the circumstances of the file. Where a child is removed from Türkiye to another country or retained abroad, the document and application steps in Türkiye are coordinated.

Communication in Turkish, English, German and Russian is available. Local proceedings and representation in a foreign country are the task of an attorney authorized in that country. The same return procedure or time limit is not promised for every country before the countries concerned and the applicable convention relationship have been determined.

Limits of the work

Return, divorce, the merits of custody, personal contact and a criminal complaint may be separate legal matters. The applications and legal remedies to be undertaken are explained when the engagement is agreed.

Fees and expenses

The attorney’s fee, translation, travel, foreign counsel and other expenses are addressed separately. Legal aid and the expense provisions under the Convention are checked country by country and file by file.

Secure information sharing

The child’s personal data and location information are shared only to the extent the file requires. Access to private accounts, or any step that would move the child again in breach of the law, is not recommended.

FREQUENTLY ASKED QUESTIONS

Questions About International Child Return

The answers are general information. The route and conditions that apply to your request are assessed on the basis of specific information and documents.

Can the Convention apply if the person who took the child is the mother or the father?

Yes. What is decisive is not only the identity of the person who took the child but the breach of the relevant custody right and the other conditions of the Convention. Being a parent does not, by itself, make every relocation lawful.

If the child is a Turkish citizen, will the child necessarily be returned to Türkiye?

No. The review of return is based on the former habitual residence and the conditions of the Convention. Citizenship alone does not determine the country of return or the outcome.

Is permission given for a holiday also treated as permission for a permanent move?

Not in every case. The scope of the permission, its duration, the return plan and later conduct are examined. A trip that was lawful at the outset may later turn into wrongful retention.

If a year has passed, can return no longer be requested?

One year is not an automatic loss of the right. Under Article 12 of the Convention, the timing of the application and the child’s having settled in the new environment are assessed. Acting without delay remains important for the evidence and the process.

Will a final decision be obtained within six weeks?

A definite outcome cannot be promised. The six-week provision relates to the duty of expeditious action and the right to ask the reasons for delay; it is not an assurance for the whole of the proceedings, legal remedies and the enforcement of the decision.

Is a previously issued custody decision required for return?

Under the Convention, a custody right may arise from law, from a decision or from an agreement that is valid under the relevant law. The absence of an earlier court decision does not, by itself, end the review.

Will a return decision give me custody?

A return decision does not determine the merits of custody. The child’s return to the country of habitual residence and the question of which parent the child will live with are different examinations; the competent court and the existing decisions are assessed separately.

Is it enough on its own that the child does not want to return?

The child’s objection is assessed under the provisions of the Convention together with the child’s age and maturity. There is no single age or statement rule that produces an automatic result for every child.

Who files the return action in Türkiye?

Under Article 7(2) of Law No. 5717, the local Chief Public Prosecutor’s Office files the action on behalf of the central authority. The attorney provides support in preparing a suitable application and in representing the client in the judicial process; the roles of the authorities concerned are not confused.

If the country concerned is not covered by the Convention, are there no options at all?

Even where the Hague mechanism cannot be applied, the law of the country concerned, jurisdiction, custody, recognition and protective application options may be examined separately. It is not assumed that the same speed and procedure apply.

Does an enforcement office enforce the return decision in the old way?

Article 18 of Law No. 5717 refers to the current child handover provisions in Part Four of Law No. 5395. The competent judicial support and victim services units and the conditions for enforcing the decision are checked.

What information should I write in the first consultation request?

The child’s age, the former and current country, the important dates and a short summary of existing decisions and applications are a sufficient start. Instead of uploading identity, health and location documents together to an open form, a secure sharing method should be agreed.

RELATED SERVICES AND LEGAL BASIS

Find Information Related to Your Matter

International Law, Immigration and Cross-Border Matters

Official legal sources

The sources used in preparing this text were reviewed on October 4, 2026. A review of sources does not replace a legal opinion tailored to the individual.

NEXT STEP

Let’s Review the Child Return File with Its Dates and Country Connections

Please share your request, a short summary of the events and, if any, the date of an upcoming step. At the first consultation, which documents will be reviewed and which legal routes will be considered is clarified.

Subject of the inquiry: International Child Abduction and Return of the Child

Request a Consultation on Child Return Request an Appointment

First response: within 48 hours at the latest. This period is not the time in which the legal review is completed or the matter is concluded.

Submitting an inquiry does not mean that an attorney–client relationship has been established or that monitoring of the file and its time limits has been taken on. The consultation fee is communicated in advance.

International Child Abduction and Return of the Child