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Custody and Personal Contact

International Child Abduction and Cross-Border Custody: The Hague Convention and the Return of the Child

A child looking back while holding an adult's hand at an airport; illustrative image on international child abduction.
Author: Published: About 29 min read

Institutional legal review and control: Güneş & Güneş Law Firm

Published by: Güneş & Güneş Law Firm

Summary

Return conditions, application routes, time limits and the key distinctions on custody where a child is taken to or retained in another country.

International child abduction is the removal of a child from the country of their habitual residence to another country, in breach of an existing custody or rights-of-custody entitlement under the law of that country, or the wrongful retention of the child in another country. Where its conditions are met, the return of the child to the country of habitual residence may be sought under the 1980 Hague Convention. A return action is not an action to determine which parent should receive custody. The first question is whether the child's place of life, changed by a unilateral act, may be restored to its former legal position. [1][2]

In this process, before any question of the child's citizenship, the child's centre of life immediately before the event, the parents' legal powers, the scope of any permission given for travel and the contractual relationship between the states concerned are examined. The competent authority, the court procedure and the enforcement of the decision vary according to the country where the child is located. The same application route is not followed for a child taken out of Türkiye and for a child brought to Türkiye and held there.

Legislation and source review: 11 October 2026. This article contains general legal information; the route to follow in a specific file is determined by assessing together the laws of the countries concerned and the concrete evidence.

In what situations does international child abduction arise?

The difference between wrongful removal and wrongful retention

Wrongful removal means that taking the child out of the country where the child is located infringes the right of custody from the outset. Wrongful retention may also arise where a trip that was initially permitted becomes an unlawful stay. For this reason, the fact that the child crossed the border properly or holds a travel document does not show that the subsequent stay is necessarily lawful. [1, Art. 3]

For example, a child who was permitted to stay in another country only during a school holiday may not be returned on the agreed date of return. In this hypothetical case, the permission document, the return ticket and the parents' correspondence are examined together. The date on which the retention became unlawful must also be determined separately for the purposes of calculating time limits. The date of the flight and the date of the breach are not the same in every case.

Can a mother or father also remove a child unlawfully?

Yes. The concept in the Convention does not refer only to a stranger abducting a child. The conduct of a mother or father may also infringe the other holder's authority over the child's care or the place where the child will live. Being a parent does not confer authority unilaterally to extinguish the other parent's existing rights. However, not every disagreement about consent automatically creates the conditions for return; which person holds which right is determined under the relevant law. [1, Art. 3–5]

The Hague Convention establishes a return mechanism in the field of civil law. Criminal liability is subject to separate rules. Lodging a criminal complaint does not by itself mean that an international return process has been started or completed. Where there is a criminal investigation in the file, its effects on the return request, protective measures and a safe return should be assessed separately.

For permission to travel, see our articles on removing a child abroad and the consent document; for permanent settlement, see relocation abroad by the parent holding custody with the child.

Which conditions must be met for the return of a child under the Hague Convention?

The child must not have reached the age of 16

The 1980 Convention applies to children who have not reached the age of 16. The Convention ceases to apply when the child reaches the age of 16; it is not enough that the child was under that age only on the date of abduction. For this reason, an upcoming birthday is important in following the application and the proceedings. Exceeding the age limit does not mean that the child cannot use other protective routes. [1, Art. 4][2, Art. 3]

The Convention must be applicable between the states concerned

It is not enough that two countries appear on the general list of States Parties. In particular, where a state has acceded later, the acceptance and entry-into-force relationship between the states concerned is examined. The temporal scope of the Convention is also important: it cannot be assumed that the same mechanism applies to events occurring before it entered into force between the states concerned. [1, Arts. 35 and 38]

This check is carried out using the current status table of the Hague Conference on Private International Law (HCCH) and the acceptance records of the accessions. The application should state the date of the breach alongside the name of the country. Using a fixed list of countries for years without updating it may lead to the file being started under the wrong procedure. [3]

Breach of the right of custody and its actual exercise

The right of custody in the Convention covers, in particular, the power to determine the place where the child will live, in addition to powers relating to the child's care. This right may arise from law, from a decision of a court or administrative authority, or from an agreement valid under the relevant law. It is not necessary before the application that a sole custody decision has been made. Jointly exercised rights may also be protected. [1, Arts. 3 and 5]

The right must have been actually exercised at the time of the removal or retention, or it must have been capable of being exercised had the breach not occurred. The applicant may show participation in decisions on care and education, regular contact and present legal authority. Living in separate homes, or the other parent taking on the child's daily care, does not by itself prove that the right was not exercised. The defence put forward by the other side in this respect is also assessed against the concrete living arrangements.

What is habitual residence and how is it determined?

Habitual residence refers to the actual centre of the child's life. Registration at a place of population, citizenship, a parent's preference or a notice of address does not resolve this assessment on its own. The period taken into account is the period immediately before the alleged wrongful removal or retention. [1, Arts. 3–4]

Which records of life are important?

Taking account of the child's age and concrete circumstances, the school or nursery arrangements, care relationships, health monitoring, the duration and nature of the stay, the social environment and the conditions of the move may be examined. For a very young child the care environment is more decisive, while for a child of school age education and social life may provide more evidence. There is no fixed "six months' residence" requirement that applies in every file.

In practice it is useful to prepare a timeline rather than merely presenting the latest address document: Where was the child born, where did the child live in each period, when did the child start school, what was the purpose of the trip, and how was the return agreed? This chronology allows a defence of permanent relocation and an allegation of a temporary visit to be tested against the same documents.

Does dual citizenship or a population record in Türkiye change the result?

The fact that the child is a Turkish citizen or a dual national does not automatically prevent return to the child's habitual residence abroad. Equally, foreign citizenship is not an automatic ground for return. The examination proceeds on the child's centre of life, the right of custody, the breach and the exceptions. Citizenship should not be relied on as a reason to abandon the examination of the other conditions.

What is the difference between a return action and a custody action?

SubjectReturn of the childDetermination of the substance of custody
Core questionShould the child return to the country of habitual residence under the Convention?How should powers of care and decision-making be arranged?
ExaminationHabitual residence, breach of the right of custody, conditions of application and exceptionsThe child's future care arrangements, according to jurisdiction and the applicable law
Effect of the decisionA return order does not give custody to the applicantRegulates the relevant rights and obligations
Actions brought together in TürkiyeThe return examination has priorityUnder the conditions of the law, the outcome of the return action is awaited

Article 19 of the 1980 Convention and Article 12 of Law No. 5717 preserve this distinction. The return of a child to a country does not necessarily mean that the child is handed over to the other parent's home without protection. Care, accommodation and the safety arrangements after the return must also be addressed separately. [1][2]

A custody decision obtained in Türkiye after an application for return has been made does not provide grounds for refusing the return request. Where a custody action is brought while a return action is being heard, it is stayed; if the cases have been joined, they are separated and the return dispute is resolved first. If return is refused, however, whether a custody decision may be made in Türkiye requires examination of the rules on international jurisdiction. Refusal of a return does not by itself mean that Türkiye has jurisdiction in every custody dispute. [2, Arts. 12–15][6]

The question of whether a custody action may be brought in Türkiye while the child lives abroad is explained in our article Can a Custody Action Be Brought in Türkiye If the Child Lives Abroad?.

Where is an application for the return of a child made?

If the child has been taken from Türkiye to another country

In Türkiye, the Central Authority is the Ministry of Justice; the relevant procedures are carried out by the Directorate General for Foreign Relations and EU Affairs. The applicant may use the Central Authority channels provided for by the Convention. In an application made through Türkiye, the documents are forwarded to the foreign Central Authority concerned; locating the child in the country where the child is found, voluntary return and proceedings are carried out by the competent authorities of that country. [1, Arts. 7–8][4]

It should not be assumed that a decision obtained from a Turkish court will automatically be enforced in a foreign country. The preparation of the application file in a foreign language, whether a lawyer is required in that country, legal aid and urgent measures are each checked separately. The date of the application to the Central Authority and the date on which judicial or administrative return proceedings begin in the foreign country should also be monitored separately.

If the child has been brought to Türkiye from another country or is being held in Türkiye

An application may be made to the Central Authority of the country of the child's former habitual residence, to the Turkish Central Authority, or to other Central Authorities permitted by the Convention. In Türkiye, the Central Authority acts through the local chief public prosecutor's offices to locate the child, protect the child and arrange voluntary return. If no resolution is achieved, the return action is brought by the local chief public prosecutor's office on behalf of the Central Authority. [2, Arts. 4–7][4]

This special petition procedure should not be confused with the simple filing of an ordinary custody petition. The applicant's representation by a lawyer, the submission of evidence and the right to lodge an appeal are separate matters. When assessing the possibility of direct application under Article 29 of the Convention, the special procedure for bringing an action under Law No. 5717 in Türkiye must be taken into account.

Which court has jurisdiction and how does the process proceed?

The competent court in Türkiye is the family court. Where there is no family court, the civil court of first instance acts as a family court by the designation made under the relevant regulation. The competent court is the court of the place where the child resides at the time of the application or where the child is subject to a statutory protective measure. [2, Art. 6]

The process generally consists of the following stages:

  • Determining the applicable convention, the date of the breach and the application documents.
  • Locating the child and carrying out necessary protective steps through the Central Authorities.
  • Assessing the possibility of a safe and voluntary return or of an amicable settlement.
  • If no resolution is reached, the return examination before the competent court.
  • The decision, appeals and the finality procedure.
  • Implementation of an appropriate handover and return arrangement with the competent authorities.

Before examining the merits, the court encourages settlement with the assistance of experts. This provision does not mean that compulsory mediation applies in every file before an application. Time limits and security measures must not be neglected while discussions are conducted. [2, Arts. 8–9]

Which documents should be prepared for the application?

The purpose of the application is not merely to describe the events, but to link each legal condition with a document or item of information that can be verified. Rather than presenting a document that is not in hand as if it existed, it should be stated from which institution it may be requested. The child's full address may not be known, but the known location and contact details may be set out in the application. [1, Art. 8][2, Arts. 5 and 7]

Matter to be provedUseful document or informationPoint to note in the examination
Identity and ageBirth certificate, population record, copy of identity card or passportProximity of the child to the 16-year age limit
Right of custodyCustody decision, valid agreement, information on the relevant foreign lawScope of the right and whether it is exercised jointly
Habitual residenceSchool, health, care and housing recordsThe pattern of life immediately before the event
Date of breach and consentTravel permission, ticket, return plan, correspondenceDistinction between temporary travel and permanent relocation
Exercise of the rightRecords of participation in education and health decisions, and of contactActual exercise rather than formal status alone
Location of the childKnown address, school, relatives and a current photographSeparation of verified information from estimate
Risk of return or guaranteeProtective orders, health and expert reports, accommodation planConcrete risk linked to return and an enforceable measure

Correspondence should as far as possible be preserved with its date, sender and context. A single-sentence screenshot may carry a different meaning when separated from the messages before and after it. Evidence must be obtained lawfully, and the child's health, identity and school information should be shared only with the authorities that genuinely need it.

The Convention provides formal simplifications concerning certification and similar requirements; for documents coming from the Central Authority, Law No. 5717 also provides that certification is not required. However, the need for translation does not disappear. The language to be used, the declarations of the states concerned and the nature of the document requested should be checked. [1, Arts. 23–24][2, Art. 7]

What do the one-year period and the six-week period mean?

Does the right to return end once one year has passed?

No. The one-year period in Article 12 of the Convention is not a preclusive period that automatically extinguishes the request for return. Return may still be considered after one year; however, the child's settlement in a new environment may be assessed separately as a ground for refusal. Other exceptions in Articles 13 and 20 may also be examined in a process begun before one year has passed. [1]

The period is assessed from the wrongful removal or retention until the start of return proceedings before the competent judicial or administrative authority in the country where the child is located. It is not safe to assume that the same starting point applies in every country for the first petition lodged with the Central Authority. The date on which, and the procedure under which, the application is processed in the country concerned should be tracked with documents.

Does a return action always conclude within six weeks?

No. Article 11 of the Convention requires expeditious proceedings. If the competent authority does not decide within six weeks of the commencement of the proceedings, the reasons for the delay may be requested. This provision is not a guarantee that all files will be completed within six weeks, including final appeals and actual handover. In Türkiye, cases are heard as a priority and urgently, and they continue during the judicial recess. [1][2, Arts. 9 and 16]

Time elementLegal or practical effectFollow-up required
Date of breachThe basis of the one-year examinationSeparate the dates of removal and retention
One-year periodAfter it, the exception for settlement in a new environment may ariseVerify the start point before the competent authority
Six weeksIf no decision is made, reasons for the delay may be asked forMonitor the stage of the file and outstanding steps
16th birthdayThe 1980 Convention ceases to applyCalculate the age from the date of the application
AppealTime limits linked to notification and the relevant procedure runReview the decision, the notification and the current procedure together

In what circumstances may the return of a child be refused?

The conditions for the application of the Convention are examined first. For example, the absence of an infringed right of custody and the raising of an exception against the existing return obligation are not the same legal issue. Where the conditions are present, grounds for refusal are assessed on a case-specific basis; the mere fact that one parent does not wish to live in the other country is not enough. [1, Arts. 12–13 and 20]

Non-exercise of the right, prior consent or subsequent acceptance

A person opposing return may argue that the applicant did not actually exercise the right of custody, that the applicant gave prior consent to the removal or retention, or that the applicant later accepted it. The scope of any consent or acceptance must be clearly established. A holiday permission is not in every case a permission for permanent settlement; temporary arrangements made for the purpose of seeing the child may also not, on their own, amount to acceptance of a permanent stay. [1, Art. 13(1)(a)]

On the applicant's side, the necessary response is not merely to say "I did not consent"; it is to set out the date, duration and conditions of the permission and the requests for return. If the other side argues that an agreement on permanent relocation was reached, it must explain that with records preserved in their context. The court also assesses the parties' subsequent conduct within the concrete facts of the case.

A grave physical or psychological danger to the child

Where return would expose the child to a grave risk of physical or psychological harm, or would place the child in an intolerable situation, the exception in Article 13(1)(b) comes into consideration. This examination cannot be reduced to a comparison of which parent has the higher income or which country has the better school. [1]

In allegations of violence, abuse, serious neglect or the inability to ensure care in a safe manner, the effect of the risk on the child and its connection with the return should be explained. Health records, earlier protective orders, police information and expert assessments may together be significant. The danger posed to the child by violence directed at a parent should also not be overlooked.

A party seeking return should not merely say "nothing will be a problem there"; they should provide concrete information on accommodation, care, safe contact where necessary and protective measures. The existence of a measure on paper and its timely and effective application in the country of return are separate matters. The serious risk allegation must be investigated, and a proposed safeguard must also be tested for its enforceability. [7, §§ 106–108 and 115–118]

The child's objection to returning

The objection to return of a child who has reached an age and degree of maturity that justify taking their views into account may be the subject of an assessment of refusal. The Convention does not lay down a fixed age threshold of 8, 10 or 12 applicable to all children. Preferring to live with one parent is also not the same as objecting to return to a particular country. [1, Art. 13(2)]

The reasons for the child's view, whether it was formed independently, and the child's level of maturity should be assessed by appropriate methods. The child should not be given responsibility for determining the outcome, and no interview should be conducted that compels the child to repeat the parties' arguments. Expert support helps to understand the context of the view; the final legal assessment belongs to the court.

Settlement in a new environment after one year and fundamental rights

Where the child is proven to have settled in a new environment in a process started after the one-year period has passed, the exception in Article 12 may come into consideration. The mere passage of calendar time is not sufficient; it is examined whether a settled way of life has actually been established. [1]

Article 20 of the Convention concerns whether return would be contrary to the fundamental principles of the requested state relating to the protection of human rights and fundamental freedoms. This provision does not turn every difference in culture, education or legal system into a general ground for refusal. The connection between the alleged obstacle and the relevant fundamental right and the concrete return conditions must be shown. [1]

How does the case law of the European Court of Human Rights guide the examination of return?

Effective examination and reasoning in X v. Latvia

In its judgment of the Grand Chamber of the European Court of Human Rights in X v. Latvia, application no. 27853/09, 26 November 2013, the case concerned the failure to examine sufficiently the claim of a grave risk raised in relation to the child's return to Australia. Where allegations supported by a psychologist's assessment were not investigated effectively, the result was a violation of the right to respect for family life. [7, §§ 109–120]

The practical importance of the judgment is not that every psychological report prevents return. The court must genuinely examine the defences that may fall within the exceptions in the Convention, and must explain its acceptance or rejection with reference to the features of the file. The duty of speed does not remove this examination. The judgment also requires, where a known risk exists, an assessment of the concrete protective measures in the country of return. [7, §§ 106–108 and 118]

How are the child's best interests and rapid return assessed together?

The best interests of the child are a factor taken into account both in the purpose of the return mechanism and in the interpretation of its exceptions. Nevertheless, it is equally incorrect to turn the return proceedings into an unlimited examination of custody. The official subject-matter guide of the European Court of Human Rights emphasises that no automatic decision should be taken, that the reasoning should be suited to the file, and that the process should be conducted effectively. The guide is a compilation that helps understanding of the decisions; it is not itself a court decision. [8]

Which measures may be taken to protect the child during the action?

Law No. 5717 allows for temporary measures aimed at preventing the child being taken again to another place and at protecting the child's best interests. The court may decide on request or of its own motion, depending on the circumstances. A request for a measure should explain what the risk is and how the measure sought would reduce that risk. [2, Arts. 10 and 24]

  • Temporary suspension of the child's departure from the country.
  • Suspension of the issue or renewal of a passport in the child's name.
  • Suspension of the school, village headman or population registration procedures specified in the law.
  • Statutory measures relating to passport or identity records and periodic checks on the child.
  • Appropriate care, placement or treatment measures where necessary.
  • Establishment of temporary personal contact between the applicant and the child during the action.

Keeping a passport within the family is not the same as the decision of the competent authority and its notification to the relevant units. In particular in cases where more than one travel document may exist, the scope of the measure and its implementation should be monitored. Measures must be suited to the child's situation and proportionate; the dispute between the parents must not unnecessarily interrupt the child's education and care.

For the legal nature of international police search records in family disputes, see our guide What Is Interpol and a Red Notice?.

Application against a return decision and its enforcement

For the recognition and enforcement in Türkiye of foreign court decisions, see our article Recognition and Enforcement (Tenfiz) in Türkiye of a Foreign Court’s Custody Judgment.

Appeal and finality

In Türkiye, the Central Authority, the applicant and the respondent may lodge an appeal against return or personal contact decisions. Return and personal contact decisions are enforced once they become final. This special provision must be distinguished from the procedure under which temporary protective measures are implemented. [2, Arts. 17–18]

In examining an appeal, it may be argued, for example, that the habitual residence was wrongly determined, that a decisive piece of evidence was not evaluated, or that the defence of grave risk was not given adequate reasoning. The route and time limit for appeal should be checked against the nature of the decision, the notification details and the procedure applied. The six-week speed provision does not replace the time limit for appeal.

Which institution carries out the handover procedures?

Under the provisions of Law No. 5717 as amended in 2021, return and personal contact orders are enforced in accordance with the relevant provisions of Law No. 5395 on Child Protection, without the delivery order being served. The current structure operates through the directorates of judicial support and victim services. The description of enforcement offices in older texts should not be used as if it were the current route of application. [2, Arts. 18–22][5]

During the handover the child's physical and mental integrity must be protected and appropriate expert support provided. Arrangements concerning the presence of the applicant or of a person or institutional official nominated by the applicant are also observed. Where an expert determines that handover would seriously endanger the child's physical and emotional development, handover may be postponed under the conditions set out in the law. A postponement at this stage is not the same procedure as the grave-risk exception in the return action. [2, Arts. 21–23]

How is a safe return planned?

Before the physical return, travel documents, the person who will accompany the child, the place of handover, health needs, and the care and accommodation arrangements on arrival should be clarified. Where protective orders exist, it should be determined by which authority and when they will be applied. This information allows a court decision to be applied safely in daily life.

In cross-border files, cooperation between the Central Authorities is important. Where necessary, lawful judicial communication between the competent judges may also help to clarify protective measures and return conditions. Such communication does not replace the hearing rights and procedural safeguards of the parties. [1, Art. 7][9]

How are cross-border custody and foreign court decisions dealt with?

The role of the 1996 Hague Child Protection Convention

While the 1980 Convention focuses on the return mechanism, the 1996 Hague Child Protection Convention governs jurisdiction, applicable law, recognition, enforcement and co-operation concerning parental responsibility and the protection of children. Its age scope is also different: the 1996 Convention concerns children from birth up to the age of 18. [6, Arts. 1–2]

Under this arrangement, the basic link of jurisdiction is habitual residence. However, wrongful removal or retention does not automatically end the jurisdiction of the authorities of the former habitual residence; the conditions of Article 7 are also examined separately. The ability of the state where the child is located to take urgent protective measures is a separate possibility. For this reason, the approach "the child is here now, so all cases will be heard here" is not safe. [6, Arts. 5, 7 and 11]

Does a foreign custody decision apply automatically in Türkiye?

The applicable international convention is determined first. For protective measures within the scope of the 1996 Convention, recognition and making a decision actually enforceable are different procedures; Articles 23–28 of the Convention and the relevant procedural provisions are taken into account. For events outside the Convention, other agreements and the rules of private international law are separately examined. [6]

The existence of a foreign custody decision does not by itself mean that a return decision has been made under the 1980 Convention. Likewise, a return decision does not resolve all custody matters. For general custody arrangements, the family law and custody services page explains the scope of the relevant services; in a cross-border case, an examination of the country and the convention must also be carried out separately.

What should be done if the Convention does not apply and only the right of contact has been breached?

The fact that the 1980 Convention cannot be applied between two countries does not mean that there is no legal remedy. Custody and protection applications in the country where the child is located, other conventions where they exist, and the recognition and enforcement of foreign decisions are assessed separately. Consular support also does not replace a court decision or a private law application.

Obstruction of contact with the child alone must also be addressed separately. Article 21 of the Convention provides for a route of application to the Central Authority for the regulation or effective exercise of the right of personal contact. In Türkiye, Article 11 of Law No. 5717 applies. The right of personal contact alone and the power to determine where the child will live are not the same; a return request must separately demonstrate which right of custody has been breached. [1][2]

Costs of the return process and legal aid

Actions and matters arising under Law No. 5717 are not subject to fees. How litigation costs are met and imposed on the losing party at the end of the case is regulated by law. However, the same budgetary rule does not apply to costs arising from the participation of a lawyer or adviser on behalf of the applicant, or to expenses arising from the return of the child. The statement "no fees" does not mean that the whole process is free in every circumstance. [2, Art. 27]

The applicant may benefit from legal aid. In a case pending in a foreign country, the legal aid system of that country, its reservations under the Convention, and the conditions for translation or representation are also separately assessed. Separating translation, representation and travel costs at the outset makes it easier to plan the process financially. [1, Arts. 25–26][2, Art. 28]

Conclusion

In an international child abduction dispute, the right starting point is to determine the child's habitual residence before the event, the right of custody that was breached, and the treaty relationship between the states concerned. The return application, the evidence and the temporary protective measures should then be considered together. Delay may affect the assessment, particularly in relation to the one-year period and the 16-year age limit.

An effective file rests on legal distinctions as much as on a prompt application. The return and the substance of custody, a temporary travel permission and consent to permanent relocation, and a serious-risk allegation and a general preference for life in a particular place must be kept apart. The aim is to create a legal solution that protects the child's safety and family ties and can be implemented in the countries concerned.

Frequently Asked Questions

My spouse has taken my child abroad. Where should I apply first?

First, the country where the child is located and the applicable convention should be determined and an application to the Central Authority evaluated. In Türkiye, the Central Authority is the Ministry of Justice. Where there is an urgent safety need or a risk of the child being taken again, protective measures should be considered at the same time. Details: application routes.

Does a holiday permission I gave also count as permission for the child to stay in another country?

Not in every case. The duration, purpose, return plan and correspondence of the permission are examined together. A permitted trip may later become an unlawful retention. Details: distinction between removal and retention.

If the child is a Turkish citizen, can the child be returned from Türkiye?

Yes. Citizenship alone does not prevent return. The previous habitual residence, the breach of the right of custody and the exceptions in the Convention are examined. Details: habitual residence.

If a year has passed, can an application no longer be made?

An application can be made. The passage of one year does not automatically end the request; the child's settlement in a new environment may be assessed separately. Other conditions of application must also be satisfied. Details: time periods.

What happens if the child turns 16 while the action is ongoing?

The 1980 Convention ceases to apply. For this reason, the age on the date of the abduction alone is not the only factor. The conditions of other protective and custody routes are separately examined. Details: conditions of return.

Will obtaining a custody decision in Türkiye prevent my return request?

A custody decision obtained after an application for return has been made does not, by itself, provide grounds for refusing the return. The examination of return and of the substance of custody are different. Details: distinction between return and custody.

Is it enough for the child to say "I do not want to go back"?

Taken alone, it does not automatically lead to refusal. The child's age, maturity, the independence of the view and the nature of the objection to returning to the country are assessed. The Convention does not set a fixed age at which a child's views are heard for everyone. Details: grounds for refusal.

If there is an allegation of violence, is the child still returned?

It is examined whether the allegation creates a serious risk for the child and whether effective protection can be provided on return. Neither automatic return nor automatic refusal follows from the mere raising of the allegation. Details: ECtHR case law.

After a court decision, is the enforcement office approached for handover?

Under the current system of Law No. 5717, the procedure operates through the directorates of judicial support and victim services, within the relevant provisions of Law No. 5395. The finality of the return decision and the special handover procedure are observed. Details: enforcement of the decision.

If I am only unable to see my child, can I benefit from the Hague Convention?

An application to the Central Authority is also possible for the protection of the right of personal contact. However, this right and a breach of the right of custody that requires the child's return are not the same. Details: personal contact and other routes.

Is the return process free of charge?

In Türkiye, actions and matters under the law are exempt from fees; lawyers, translation, travel and other expenses are assessed under their own rules. Legal aid and the practice of the foreign country should also be examined separately. Details: costs and legal aid.

Sources and legal bases

[1] HCCH, Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in particular Arts. 3–5, 7–13, 16–29, 35 and 38. Official full text.

[2] Law No. 5717 on the Legal Aspects and Scope of International Child Abduction, Official Gazette 4 December 2007, No. 26720; including provisions amended by Law No. 7343. Legislation Information System; for a comparison of access, the Turkish-language legislation copy of the Ministry of Legislative Affairs of the Republic of Korea.

[3] HCCH, Status table and acceptance records of accessions to the 1980 Child Abduction Convention. Current official record. The relationship between two specific states and the date of entry into force must be checked for the file.

[4] Ministry of Justice of the Republic of Türkiye, Directorate General for Foreign Relations and EU Affairs, Child Abduction and Custody. Application and Central Authority information.

[5] Ministry of Justice of the Republic of Türkiye, Directorate General of Judicial Support and Victim Services, Our Duties and regulations on the handover of children. Institutional description of duties; regulation links.

[6] HCCH, Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, in particular Arts. 1–2, 5, 7, 11 and 23–28. Official full text.

[7] ECtHR Grand Chamber, X v. Latvia, application no. 27853/09, 26 November 2013, in particular §§ 106–120. HUDOC official decision record; official full text.

[8] ECtHR Registry, Key Theme — Article 8: International Child Abduction, Turkish guide updated 31 August 2025. Official guide.

[9] Ali Gümrah Toker, The Hague Judges' Network and the Process of Direct Judicial Communication under the Hague Child Abduction Convention, İzmir Bar Association Journal, year 90, issue 2, August 2025, pp. 583–623. Academic article.

AUTHOR

Av. Umut Güneş

Güneş & Güneş Law Firm

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Contact and Consultation

Our Antalya-based law firm, in practice since 1999, offers communication in Turkish, English, German and Russian on legal matters connected to Türkiye.

Whether you are in Türkiye or abroad, you can reach us by phone, WhatsApp, e-mail, in person or by video conference.

Consultation process and information needed

To assess your legal situation, review the legal aspects of a planned transaction or identify the available remedies, you can share a short summary of the matter, your request and your preferred language.

It helps to mention any file or transaction details, decisions, notifications or notices with deadlines, and important dates you know of. The scope of services, required documents and fees are assessed separately.

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