The increase in parental child abduction cases is a major cause for concern, particularly in the lead up to the school holidays. If you are looking to take a child out of Turkey, and you are unsure whether there is consent or struggling to achieve agreement it is important to consult a specialist family lawyer to ensure you are not committing an offence. Likewise, you should seek urgent advice if you are concerned that a spouse or ex-partner will abduct your child. Contact our team of specialist family lawyers to discuss your case.
International parental child abduction is the removal or retention of a child outside their country of habitual residence in breach of another parent or guardian’s custody rights. Our experienced lawyers can provide you with legal advice, recommend a specific course of action, or represent you in courtin order to prevent international parental child abduction (both from Turkey and to Turkey), help children and families involved in abduction cases, and promote the objectives of the Hague Abduction Convention.
Consulting with an attorney
If you believe your child is in the process of being abducted by a parent, legal guardian, or someone acting on their behalf, call us: + 90 553 223 32 90.
- We can give you information about various resources that may assist you in pursuing the return of, or access to, your child.
- We can forward a completed Hague Abduction Convention (Convention) application and monitor the case throughout the foreign administrative and legal processes. This applies only if your child has been abducted to or retained in a country that is a Convention partner country, regardless of your or your child’s citizenship or legal status.
We, as Bıçak Law Firm, face many cases in which international child abduction occurs. According to international law, Hague Convention on the Civil Aspects of International Child Abduction will be applied to international kidnapping cases. The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty which seeks to protect children from the harmful effects of illegal removal and detention beyond international borders. The Convention has set up a mechanism for cooperation between all signatory states in order to organize the return of an illegally displaced child as a matter of urgency, without having to rule on the merits of custody rights.
Immediate return of children
According to the provisions of the Hague Convention and more particularly of its article 1, the object of this Convention is to ensure the immediate return of children illegally displaced or retained in any Contracting State, and to ensure effective respect in other Contracting States for custody and visitation rights existing in a Contracting State. The second article allows for the establishment of emergency procedures providing for the rapid return of children.
A search warrant can be issued against the person or parent who illegally removed the children. This search warrant is then immediately distributed to the wanted persons’ file. Since then, in cases where the person is checked by a police or gendarmerie service, or if he tries to enter or leave the territory, the person concerned would be immediately arrested and placed in police custody.
Turkey has been a member of the Hague Conference since 1955 and signed and ratified the Hague Convention on October 7, 2016, which grants it the right to implement emergency procedures to allow the return of Turkey for illicitly displaced children.
According to Article 11 of the Convention, Contracting States must judicially organize the proceedings for the return of the child within six weeks of the filing of the return request made through the authority central office of the State in whose territory the child had his habitual residence before his removal.
Application of the Convention ceases when the child reaches the age of 16.
Protecting parental rights
We will fight for the best interests of your child as your passionate advocates. The best way to work toward ensuring your child’s safety and protecting your parental rights with international cases is quick legal action from an experienced team.
We know from experience that time is of the essence, especially when the Hague Convention on the Civil Aspects of International Child Abduction is involved.
The Hague Convention is a treaty that provides for expeditious return of a child to their country of habitual residence. Between member countries of the treaty, “habitual residence” means the country the child resided in immediately before their disappearance. We also represent parents and children fleeing a difficult situation.
Legal actions for non-abducting parents
The treaty accomplishes two very significant legal actions for non-abducting parents if petitioned and prosecuted correctly:
- Secures the prompt return of children wrongfully removed to or retained in another country
- Ensures that rights of custody and of access to children under the laws of one country are respected in another country
Our team is responsive to your needs and proactive in planning for and communicating with you.
Our Turkey based international child custody attorneys have many invaluable connections and working relationships with overseas and out-of-state law firms, as well as with translators and interpreters.
We will help you prepare immediately to file a formal Hague Convention application, giving careful attention to detail and consideration to every nuance of your case. We will help you compile all supporting documentation and records, and we have the ability to make strategic, expedient decisions with you.
Our International Family Law attorneys can be contacted through this website or call us at + 90 553 223 32 90 to schedule a timely consultation. We represent clients from around across the Europe and worldwide.