This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Çocuk Kaçırma ve Uluslararası Velayet: La Haye Sözleşmesi.
Where one parent takes a child abroad without consent, or fails to return them, that is “international child abduction” under the 1980 Hague Convention. Where a return application is made within one year, the child's return to their country of habitual residence is as a rule ordered. After a year, the argument that the child has settled into the new environment becomes available.
As international marriages and mobility increase, so do cases in which a child is taken abroad by one parent without the other's consent. Turkey is a party to the 1980 Hague Convention, which is the principal instrument in this field.
What Counts as International Child Abduction?
It is the removal of a child from the country of their habitual residence to another country, or their retention there after a visit, without the knowledge or consent of a parent holding rights of custody or of contact. It affects not only that parent's rights but the child's life, education and relationships.
Under Turkish law, taking a child abroad without consent may also constitute an offence — unlawful deprivation of liberty, or the abduction of a child, under the Criminal Code.
What the Hague Convention Provides
The Convention on the Civil Aspects of International Child Abduction, signed on 25 October 1980, has two objects:
- to secure the prompt return of a child wrongfully removed or retained, to the country of their habitual residence;
- to ensure that rights of custody and of access under the law of one contracting state are effectively respected in the others.
“One of the objects of the Convention is to ensure that rights of custody under the law of one Contracting State are effectively respected in the other Contracting States.” — 1980 Hague Convention, Article 1(b)
Turkey ratified the Convention on 1 August 2000. Since then it has been both a state that uses the return mechanism and one bound to give effect to it.
The Convention does not decide custody. It decides only where the custody question is to be decided — namely in the country of the child's habitual residence. That distinction is the key to understanding the whole mechanism.
How a Return Application Is Made
- Apply to the central authority. In Turkey that is the Ministry of Justice's directorate general for international law and foreign relations. The application may be made either in the country the child was taken from or in the country they were taken to.
- What to file: documents showing the child's identity and habitual residence, evidence of your rights of custody (the custody judgment, or the legal position where there is none), the date and circumstances of the removal, and any information about where the child now is.
- The proceedings. The central authority transmits the application to the authorities of the other country, and the case is heard in the courts there. In Turkey these applications are heard by the family courts.
- Speed. The Convention expects a decision within six weeks; in practice it takes longer, which is why applying early matters.
| Matter | Position |
|---|---|
| What the Convention decides | Not custody, but which country decides custody |
| Age limit | Children under 16 |
| Where to apply | The central authority of either country |
| The one-year point | After a year, the “settled” argument becomes available |
| Expected timescale | Six weeks under the Convention; longer in practice |
| Cost | The central authority's assistance is free; legal aid may be available |
The Convention applies only between contracting states; where the other country is not a party, the route is through bilateral arrangements and the ordinary courts.
When Return May Be Refused
Return is the rule, but the Convention allows a court to refuse it in defined cases:
- More than a year has passed and the child has settled into their new environment.
- The applicant was not actually exercising rights of custody at the time, or had consented or later acquiesced in the removal.
- There is a grave risk that return would expose the child to physical or psychological harm or otherwise place them in an intolerable situation.
- The child objects to being returned and has reached an age and degree of maturity at which their views should be taken into account.
- Return would be incompatible with fundamental principles relating to the protection of human rights.
The grave risk exception is the one most often argued and the most strictly construed: general assertions do not suffice, and concrete evidence is required.
Preventing an Abduction
Where there is a real risk that a child will be taken abroad, preventive measures can be sought:
- a ban on the child leaving the country, ordered by the family court and recorded with the authorities
- an annotation on the passport, or a requirement that it be surrendered
- an order that consent of both parents is required for travel abroad, recorded in the custody or contact judgment
- a protection order where there is also a risk of violence
Writing the travel arrangements into the custody or contact judgment at the outset — who may travel with the child, where, and with whose consent — prevents most of these disputes before they arise.
A return application made within one year of the wrongful removal leads as a rule to return. After a year, the other parent can argue that the child has settled in the new environment — and that argument grows stronger with time. Apply to the central authority as soon as the removal is discovered, not after negotiations have failed.
Frequently Asked Questions
Does the Hague Convention decide custody?
No. It decides only which country decides custody — that of the child's habitual residence — and orders the child's prompt return there.
How quickly must I apply?
As soon as possible. An application within one year of the removal leads as a rule to return; after a year, the argument that the child has settled in the new environment becomes available.
Where do I apply?
To the central authority of either country. In Turkey that is the Ministry of Justice's directorate general for international law and foreign relations, and its assistance is free.
When can return be refused?
Where more than a year has passed and the child has settled, where the applicant was not exercising custody or consented, where there is a grave risk of harm, where a mature child objects, or where return would breach fundamental rights.
How can I prevent a child being taken abroad?
Seek a ban on the child leaving the country, an annotation on or surrender of the passport, and a term in the custody or contact judgment requiring both parents' consent for travel.