Today, the number of international marriages and families living in different countries is rapidly increasing. This diversity brings with it certain family law issues. One of the most significant issues is when one parent takes a child to another country or keeps them there without the other parent’s consent. This action is referred to as international child abduction.
These cases lead to serious legal disputes not only between parents but also between states. For the child, the process causes damage to their sense of security, psychological trauma, and impaired social development.
The Importance of the Hague Convention
The fundamental basis for resolving international child abduction cases is the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Convention aims to prevent children from being wrongfully removed or retained in another country.
Türkiye, 2000 yılında bu sözleşmeye taraf oldu. Bu nedenle Türkiye’den başka ülkelere ya da başka ülkelerden Türkiye’ye yönelik davalarda Lahey Sözleşmesi uygulanır. Amaç, çocuğun en kısa sürede alıştığı sosyal çevresine dönmesini sağlamaktır.
International Child Abduction and Custody Relations
Child abduction cases are often linked to custody disputes. During divorce proceedings, a parent who does not have custody rights may secretly take the child abroad. This behavior constitutes a violation under both domestic law and the Hague Convention.
Custody encompasses the care, education, and protection of the child. Courts issue custody decisions based on the best interests of the child, not on the parents’ requests. This principle is also decisive in international child abduction cases.
Process in Cases
If a child is wrongfully taken abroad, the case proceeds as follows:
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The aggrieved parent applies to the competent authority of the country where the child is located.
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In Turkey, these applications are made through the Ministry of Justice’s Directorate General for International Law and Foreign Relations. The victimized parent must contact the competent authority in the country where the child is located.
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The file is forwarded to the court of the relevant country.
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The court shall decide whether to return the child or allow them to remain based on the child’s best interests.
The process can become complicated because different legal systems come into play. Therefore, it is very important to seek professional legal support.
The Best Interests of the Child Principle
The most important criterion in international child abduction and custody cases is the best interests of the child. When making decisions, courts consider the child’s safety, right to education, social development, and emotional needs.
Separation from the child’s social environment can negatively affect their development. In such a case, the court may decide that the child should remain in the country where they are located. However, if there is a security risk, the child’s return may be considered.
Applications in Turkey
Turkey is a country with a high number of international marriages. As a result, child abduction cases are common. In particular, the unauthorized removal of children born to Turkish citizens and foreign spouses to other countries is a frequent problem.
Turkish courts apply both the Turkish Civil Code and the provisions of the Hague Convention in these cases. The courts do not base their decisions on the parents’ requests, but on the best interests of the child.
Problems Encountered
The following issues frequently arise in international child abduction cases:
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The differences in countries’ legal systems
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Jurisdictional disputes between courts
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The process taking a long time
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The child’s difficulty adapting to the new culture
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Delays in implementing decisions
To reduce these problems, it is necessary to handle cases with expert lawyers.
The Role of the Lawyer
International child abduction cases require knowledge of international law. The proper collection of evidence, timely filing of applications, and presentation of strong arguments determine the course of the case.
Interpolavukati provides support to its clients with its team of experts in this field. It effectively manages the process both in Turkey and abroad.
Interpol Lawyer Services
Interpolavukati provides the following services to its clients:
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Preparing an application under the Hague Convention
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Communication with national and international institutions
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Monitoring custody cases
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Legal solutions that prioritize the best interests of the child
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Collaboration with foreign law firms
These services prioritize children’s safety while reducing the hardship experienced by families.
The Child’s Psychological Health
Forcibly taking a child to another country undermines their sense of security. It also causes psychological trauma. For this reason, courts take the child’s psychological development into account when making decisions.
The Interpol lawyer considers not only the legal aspects but also the child’s psychological well-being when handling cases.
International Cooperation
Child abduction cases often cannot be resolved by the laws of a single country. The rules of the country where the child is located also come into play. Therefore, cooperation between countries is essential.
Interpolavukati contributes to speeding up the process by collaborating with foreign law firms.
Rapid Response
Time is the most critical factor in these cases. The child’s adaptation to the country where they are located or starting school complicates the return process. Therefore, cases must be opened quickly. Interpolavukati intervenes early in the process, ensuring that children do not experience uncertainty and contributing to the effective conduct of the case.
Interpol Attorney with Secure Process
International child abduction and custody cases are sensitive processes with not only legal but also humanitarian dimensions. Therefore, taking the right steps is essential. Interpolavukati supports its clients not only during the litigation process but also through preventive counseling. This enables families to become aware of the risks and manage the process with confidence.
Legal Protection for the Child’s Future
Child abduction cases are primarily rooted in parental conflicts. However, it is the child who is most affected. Therefore, every step must be planned in a way that secures the child’s future. Cases conducted with consideration for education, social development, and psychological health benefit the child in the long term. Interpolavukati aims not only to win the case but also to ensure the child has a secure future.
Frequently Asked Questions
How long do international child abduction cases take?
The duration varies depending on the cooperation of the parties involved. The aim is to keep the process short.
What happens in countries that are not parties to the Hague Convention?
In this case, bilateral agreements and diplomatic channels come into play.
Is the child’s opinion taken into account?
Yes. Courts take into account the views of children who have reached a certain age.
Does a parent who does not have custody have any rights?
Yes. Courts take into account the right to establish a personal relationship with the child.
Strategic Approach in International Cases
In international child abduction cases, the right strategy directly impacts the outcome of the case. Interpolavukati creates customized plans for each case and emphasizes the following steps:
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Analysis of the legal system of the country where the lawsuit will be filed
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Preparation of complete evidence
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Establishing international partnerships to accelerate the process
The Role of Family Mediation
Not every case is resolved in court. In some situations, family mediation is the best solution for the child. At this point, Interpolavukati takes the following steps:
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Facilitates communication between the parties
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Settlement ensures that the process is completed quickly.
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Minimizes psychological harm to the child
International Protection of Children’s Rights
Children’s rights are protected not only by national law but also by international regulations. Interpolavukati prioritizes the following points when defending children’s rights:
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Protection of the right to education
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Ensuring safe and healthy living conditions
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Supporting the child’s social development
International child abduction and custody cases are complex and sensitive processes. The most important criterion is the best interests of the child. The Hague Convention, to which Turkey is a party, provides the most important legal basis in these cases.
Interpol’s attorney provides professional support to clients with an experienced team. They contribute to the proper resolution of cases by protecting children’s safety and parents’ rights.
