International Parental Child Abduction Turkey

 


 

DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed to practice in the relevant jurisdiction.

October 2012 

General Information:

Turkey and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since April 1, 2000.

For information concerning travel to Tureky, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see country-specific information for Turkey at:  http://travel.state.gov/travel/cis_pa_tw/cis/cis_1046.html.

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Hague Abduction Convention:

The U.S. Department of State serves as the U.S. Central Authority (USCA) for the Hague Abduction Convention.  In this capacity, the Department’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues facilitates the submission of applications under the Hague Abduction Convention for the return of, or access to, children located in countries that are U.S. treaty partners, including Turkey.  Parents are strongly encouraged to contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.

Contact information:

United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues
2201 C Street, N.W.
Washington, DC 20520
Telephone:  1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Fax:  202-736-9132
Website:  http://travel.state.gov/abduction/abduction_580.html

The Turkish Central Authority for the Hague Abduction Convention is the Ministry of Justice.  The Ministry of Justice has an administrative role in processing Hague Abduction Convention applications.  The Ministry of Justice forwards completed Hague applications to the appropriate Public Prosecutor attached to the civil court of general jurisdiction in the jurisdiction where the defendant resides.  Parents or legal guardians and other parties (e.g., the child) have the right to their own counsel.  The Turkish Central Authority can be reached at:

Turkish Ministry of Justice
General Directorate of International Law and Foreign Relations
Mustafa Kemal Mah. 2151.Cad. No:34/A  
Sögütözü, ANKARA .
Telephone:  +90-312-218-7801
Facsimile:   +90-312-219-4523
Email: uhdigm@adalet.gov.tr
Website: www.uhdigm.adalet.gov.tr

To initiate a Hague case for return of, or access to, a child in Turkey, a parent or legal guardian is encouraged to review the eligibility criteria and instructions for completing the Hague application form located at the Department of State website and contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.  It is extremely important that each document written in English be translated into Turkish.  Please note, however, that certified translations are not necessary.  Any competent person or organization may translate the documents.  The USCA is available to answer questions about the Hague application process, to forward a completed application to the Turkish Central Authority, and to subsequently monitor its progress through the foreign administrative and legal processes. 

There are no fees for filing Hague applications with either the United States or Turkish central authorities.  Attorney fees, if necessary, are the responsibility of the applicant parent.  Additional costs may include airplane tickets for court appearances and for the return of the child, if so ordered.

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Return:

A parent or legal guardian may file an application under the Hague Abduction Convention for return to the United States of a child abducted to, or wrongfully retained in, Turkey.  The U.S. Department of State can assist parents living in the United States to understand whether the Convention is an available civil remedy and can provide information on the process for submitting a Hague application.

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Visitation/Access:

A person may file an application under the Hague Abduction Convention for access to a child living in Turkey.  The criteria for acceptance of a Hague access application vary from country to country.  The U.S. Department of State can assist parents living in the United States to understand country-specific criteria and provide information on the process for submitting a Hague application

Retaining an Attorney:

In a Hague Abduction Convention case, it is not mandatory for a petitioner to retain a private attorney, because the Turkish Central Authority will assign a Public Prosecutor to present the case to the court.  However, the Public Prosecutor does not represent the left-behind parent who submitted the Hague Abduction Convention application; instead, the Prosecutor represents Turkey and submits the request for return on behalf of the Turkish Central Authority.  The parent or legal guardian who has submitted the application may hire a private attorney in Turkey to join the Prosecutor in presenting the Hague Abduction Convention case.  A privately hired attorney should contact the Turkish Central Authority as soon as possible after the Hague Abduction Convention application has been filed with the Turkish Central Authority.

The U.S. Embassy in Ankara, Turkey, posts a list of attorneys including those who specialize in family law at:  http://turkey.usembassy.gov/list_child_custody.html.

This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms included in this list.  Professional credentials and areas of expertise are provided directly by the lawyers.

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Mediation:

The Office of Children’s Issues is not aware of any government or private organizations in Turkey that offer mediation services for custody disputes

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Embassy Contact Information: 

The U.S. Embassy in Turkey can be contacted at: 

U.S. Embassy Ankara
110 Atatürk Blvd.
Kavaklidere, 06100 Ankara - Turkey
Telephone: (90-312) 455-5555
Fax:  (90-312) 466-5684
E-mail:  ca-ankara@state.gov
Website:  http://turkey.usembassy.gov/

The Embassy of Turkey is located in Washington, D.C., at:

Embassy of Turkey
2525 Massachusetts Avenue, NW
Washington, DC 20008
Telephone: (202) 612-6700
Fax:  (202) 612-6701
E-mail: embassy.washingtondc@mfa.gov.tr
Website:  http://www.washington.emb.mfa.gov.tr/Default.aspx