Introduction: Why is Custody Issues So Critical in International Families?

With the increasing number of marriages between Turkish citizens and foreign spouses today, custody disputes have inevitably taken on an international dimension. The most dramatic aspect of these disputes is the abduction of children from one country to another.

This situation creates serious psychological and legal consequences for both parents and children. This is where the Hague Convention on the Legal Aspects of Child Abduction (1980) comes into play. Turkey is a party to this convention, and with its 2025 implementation, a faster, standardized, and child-centered system is in place for international custody cases.

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1. What is the purpose of the Hague Convention?

The main purpose of the Hague Convention is:

• The immediate return of children who have been wrongfully taken or detained in another country ,

• To avoid disrupting the child's established routine,

• Respect for parents' custody rights

to provide.

This agreement does not determine custody; it only the child's return to the country from which they were abducted .

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2. What is International Child Abduction?

Unlawful child abduction is one of the following cases:

• The clandestine removal of a child to a country other than their usual place of residence,

• Prolonged detention of a child without the consent of the other party,

• Violation of custody rights,

• Acting in violation of the court order.

Example:
Suppose a Turkish-French couple is going through a divorce. If the mother brings the child to Turkey without permission, this wrongful detention .

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3. The child's habitual residence is a determining factor

The most important concept in the Hague Convention habitual residence.

Customary dwelling:

• The place where the child regularly lives,

• The country with which it has social ties,

• The place where it integrates with education and family environment

It is accepted as such.

When determining habitual residence, courts consider:

• School,

• Health records,

• Circle of friends,

• Life expectancy,

• It examines all factors, such as documents
  

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4. How to File an Extradition Case in The Hague?

When wrongful detention occurs, a repatriation case is filed in the country where the child is located.

This case in Türkiye:

• In Family Courts,

• With a simplified trial procedure,

• It appears very quickly.

The Ministry (General Directorate of International Law and Foreign Relations of the Ministry of Justice) provides coordination as the "central authority" in the process.

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5. Conditions for Acceptance of a Restitution Claim

A child can be returned under the following conditions:

1. The child must have their habitual residence in a country that is a party to the convention.

2. The kidnapping/detention must be unlawful.

3. The application within one year (a refund is possible even after one year).

4. The return of the child must not be contrary to public order.

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6. Cases Where a Restitution Claim Was Rejected

The agreement provides for some exceptions:

A. The child is at serious risk

Risk of physical or psychological harm.

B. The child's refusal to be returned (subject to age and maturity requirements)

It is generally considered for children over the age of 10.

C. The child's adaptation to the new country after being kidnapped

This is applicable if more than one year has passed since the abduction.

D. Failure to actually exercise parental rights

A parent who did not exercise their parental rights prior to the abduction may have their request for return denied.

These exceptions are interpreted narrowly; the primary goal is "restitution.".

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7. Implementation of the Hague Convention in Türkiye (2025)

The Turkish practice has evolved over the years and the following principles have been adopted:

• Cases quickly (2–4 months on average).

• The child's psychological state is assessed through expert reports.

• A child-centered approach is adopted.

• The public order exception is interpreted very narrowly.

• Custody cases and restitution cases are separate issues.

Supreme Court jurisprudence of 2024–2025:

“The Hague extradition case is not about a custody dispute; the aim is to ensure the child returns to the country they are accustomed to.”

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8. What happens if the abducted child is found in Türkiye?

1. The foreign country requests extradition from Türkiye.

2. The Ministry of Justice forwards the application to the Family Court.

3. The court quickly sets a hearing date.

4. The child's usual place of residence is determined.

5. A refund decision will be made or an exception will be applied.

Türkiye generally avoids refusing extradition requests unless the best interests of the child require it.

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9. What Happens If a Turkish Parent Kidnaps Their Child and Takes Them Abroad?

This is the most common problem.

For example:

• In a Turkish-German marriage, if the mother brings the child to Türkiye and does not return,

• The father files an extradition case in Germany

• Türkiye will conclude this case quickly.

Also about Turkish parents:

• International arrest warrant,

• Passport cancellation,

• Enforcement and custody sanctions

applicable.

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10. The Most Common Mistakes Under the Hague Convention

• Filing a lawsuit in the wrong country,

• Misjudging the usual dwelling,

• Hiding the child,

• Failure to complete international notification,

• Confusing a custody case with a restitution case,

• Even after more than a year, the "compliance exception" continues to be misinterpreted.

These mistakes could lead to losing the case.

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Conclusion: The Hague Convention is a powerful mechanism for protecting children in international custody disputes

In the 2025 plan:

• The best interests of the child,

• The principle of habitual residence,

• The obligation to make quick decisions,

• International cooperation

It forms the basis of the Hague Convention.

Although custody disputes are complex worldwide, the Hague Convention ensures that children are legally protected and that wrongful detention is addressed swiftly.