KÜHEYLAN HUKUK
Taking or Detaining a Child to Türkiye: Extradition Case within the Scope of the Hague Convention and Law No. 5717 Law on the Legal Aspect and Scope of International Child Abduction No. 5717; The Hague Convention on Child Abduction dated 25 October 1980 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
If a parent violates the right of custody and brings the child from abroad to Türkiye or detains him in Türkiye, the aggrieved parent may request the return of the child to his or her habitual residence, based on the Hague Convention. The process is carried out in the family court through the Central Authority of the Ministry of Justice and by the Chief Public Prosecutor's Office, in accordance with Law No. 5717. Cases are heard primarily and urgently according to the simple trial procedure, and continue during the judicial recess. According to the practice of the Supreme Court, the refusal to return the child is based only on the limited reasons listed in the contract and these reasons are interpreted narrowly.
What is the Hague Child Abduction Convention and How Is It Applied in Türkiye?
The Convention aims to ensure the immediate return of a child who is taken or detained from one Party State to another in violation of his or her custody rights, to the country of his or her habitual residence. Law No. 5717 regulates the implementation procedures of this agreement in Türkiye. The law covers children under the age of sixteen (art. 3). The Central Authority is the Ministry of Justice and duties are carried out through local chief public prosecutors' offices (art. 4, art. 5).
The application is independent of whether the marriage union continues or not. The purpose of the contract is not to determine who will be given custody, but to ensure the return of the child to his or her habitual residence. Therefore, the issue of which country the child will live in is, in most cases, resolved by the courts of the country of habitual residence.
How to Apply for an Aggrieved Parent?
The person who claims that the child's place has been unfairly relocated or detained may apply to the central authority of the country where the child has his or her habitual residence, the Central Authority of Turkey or the central authority of another state party to the convention (Article 7/1). The case for the return of the child is opened by the local chief public prosecutor's office on behalf of the Central Authority (Art. 7/2). Documents submitted by the foreign central authority or the applicant are added to the petition, and approval of the documents sent by the central authority is not required (Art. 7/3). The applicant may benefit from legal aid (Art. 28).
The Central Authority takes measures such as determining the location of the child, protecting his interests and assigning law enforcement. Restitution or an amicable solution is also tried first with the consent of the parties (Art. 5, Art. 8).
What is the Court in Charge and the Trial Procedure in the Extradition Case?
The competent court is the family court. The competent court is the court of the place where the child resides or is under protection at the time the application is made (Art. 6). All cases and matters are heard primarily and urgently according to the simple trial procedure (Art. 9/2). These cases are also heard during judicial recess, and the provisions regarding extension of time due to judicial recess do not apply (Art. 16). Trial is not subject to fees. Expenses are covered from the prosecution fund, but trial costs are borne by the loser of the case (Art. 27).
Before entering into the merits, the court encourages the return of the child through amicable means, using experts. Temporary measures may also be taken to prevent the child's best interests from being endangered. These include temporarily stopping the child's travel abroad, stopping passport procedures, and not changing school or population records (Art. 10, Art. 24). The Central Authority, the applicant or the defendant may take legal action against the decisions (Art. 17).
Under what circumstances is a refund rejected?
The 2nd Civil Chamber of the Supreme Court of Appeals, in its decision dated 23.11.2016 and numbered E.2016/24087, K.2016/15092, summarized the relevant provisions of the Hague Convention as follows: If the return of a child who is unjustly relocated or detained is requested within less than one year, the child must be returned immediately and without delay (Convention article 12/1). In order to refuse extradition, a serious risk that the child will be exposed to physical or psychological danger or otherwise fall into an intolerable situation must be proven (Article 13/b of the Convention). The same chamber, in its decision dated 02.04.2009 and numbered E.2008/18187, K.2009/6203, stated that Article 13 should be interpreted extremely narrowly and that it is limited to grave cases.
The 2nd Civil Chamber of the Supreme Court of Appeals also stated in its decision dated 05.12.2016 and numbered E.2016/13227, K.2016/15555 that the temporary custody decision given after the application for return does not have any importance in terms of the contract. Article 13 of Law No. 5717 also regulates that a custody decision given after the extradition application cannot be a reason for rejecting the extradition request. In addition, when a return decision is made, no separate decision is made about custody. However, if the request for return is rejected, a decision regarding custody can be made (Art. 12).
How is the refund made after the decision is finalized?
Once the extradition decision is finalized, it is carried out through the legal support and victim services directorate and in accordance with the provisions of the Child Protection Law (Article 18). Experts are present during the execution (article 21). Sanctions are imposed on those who hide or re-abduct a child (Article 25). If it is determined by the expert that the execution will seriously endanger the development of the child, the delivery process is postponed until the danger disappears (Art. 22).
Application period Application within one year requires the immediate return of the child (Convention article 12/1).
Reason for rejection Limited situations, including serious risk; It is interpreted narrowly (Convention article 13/b)
Event Summary Form: Fictional example: A couple living abroad came to Türkiye with their children for vacation. The mother detained the child in Türkiye by not taking him back on the date of return. A few weeks later, the father appealed to the central authority of his country of habitual residence. Process: The case was filed in the family court through the chief prosecutor's office. The mother claimed that the child had adapted to Türkiye and that she had temporary custody. As evidence in favor of the father, school and health records in the child's country of habitual residence were presented. Conclusion: According to the practice of the Supreme Court, the temporary custody decision given later cannot be a reason for rejecting the request for return. Allegations of serious risk must be proven with concrete evidence. Time and document preparation affect the outcome in these files.
For which children does the Hague Convention apply?
Law No. 5717 applies to children under the age of sixteen. Who files the case for the return of the child? The case is filed by the local chief public prosecutor's office on behalf of the Central Authority. The applicant parent can participate in the process through a lawyer.
Does the extradition case determine custody?
No. If a return decision is made, no separate decision will be made regarding custody. If the request for return is rejected, a decision regarding custody may be made.
If the child started school in Türkiye, will the return be blocked?
According to the decisions of the Supreme Court, extradition is rejected only for limited reasons listed in the contract. The child's adaptation to his new environment is not considered an obstacle to return in any case. The one-year period and other conditions should be examined separately.
How long does the case take?
The case is heard with priority and urgency according to the simple trial procedure. Duration varies depending on the file, an exact duration cannot be predicted.
Is a lawyer required for application?
The chief prosecutor's office files a lawsuit on behalf of the Central Authority. However, legal support is useful for the victim parent's rights and the preparation of evidence. Legal aid is also available.
Passing of the one-year application period.
It is believed that the custody decision will prevent the return.
Failure to prove the child's habitual residence and custody rights with documents.
Application to the Central Authority is made with missing documents.
Failure to request measures to prevent the child from going abroad.
International child abduction disputes are time sensitive. The application period, proof of habitual residence and custody rights determine the course of the extradition case. Küheylan Law Firm provides legal support in child return cases within the scope of the Hague Convention, preparation of Central Authority applications, requests for injunctions preventing the child from going abroad, and implementation of return decisions.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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