Foreign Clients' Rights in Custody Cases in Turkey

In divorce or separation processes between Turkish or foreign-national spouses, the most sensitive issue is generally child custody. The process a foreign parent will encounter in the Turkish legal system in custody cases may differ from that in their home country. As a law firm working in family law in Antalya, in this guide we cover the rights foreign parents have in Turkish custody cases and the principles applied.

The Child's Best Interests Principle

Under Turkish family law, the sole determining factor in custody decisions is the child's best interests. The court evaluates the child's:

• Physical and psychological development,
• Educational and health needs,
• Emotional bond with mother and father,
• Need for stable environment,
• Own preference (especially for children above a certain age).

Foreign parents are fully part of this evaluation; nationality is not a distinguishing factor for custody rights.

Equal Rights for Foreign Parents

Under Turkish law, mother's and father's rights over the child are equal. Being a foreign national is not an obstacle to custody rights; however, may create disadvantages in some practical matters. The court typically evaluates:

• Which parent can spend more time with the child,
• Which parent can offer the child a more stable life,
• Continuity of the child's social environment such as preschool, school,
• Parents' capacity to cooperate.

If the foreign parent cannot stay long-term in Turkey for work reasons, the court factors this in. By contrast, the importance of the foreign parent for protecting the child's mother tongue and cultural identity is clear.

Custody Types

Under Turkish law, custody is:

• Sole custody: Custody is granted to only one of the parties. The other parent is granted right to establish personal relationship with the child.
• Joint custody: Per recent Court of Cassation precedent, joint custody is also possible in cases where spouses can cooperate and it serves the child's best interests.

For foreign spouses with joint custody decisions rendered abroad, a joint custody arrangement can also be requested under Turkish law.

Right to Establish Personal Relationship

When custody is granted to one parent, the other has right to establish personal relationship. This right is regulated as:

• Seeing the child on specific days and times,
• Taking the child during specific periods,
• Communicating with the child via phone, video calls.

If the foreign parent must travel from their home country, longer and more intensive visit periods may be set.

Removal of the Child Abroad

Even when sole custody is granted to one parent, the other parent's consent is generally required for the child to be taken abroad. To protect rights of the parent with relationship rights:

• Court order can impose travel ban for the child,
• For temporary trips, the other parent's notarised consent is required,
• Unilateral abduction attempts are prosecuted under international child abduction rules.

In practice, when the foreign parent requests to take the child to home country, the Turkish court conducts careful balancing of both parents' rights.

International Child Abduction

A spouse taking the child abroad without the other parent's consent (or not returning from abroad) constitutes international child abduction. Among countries party to the Hague Child Abduction Convention:

• Rapid return is required,
• Turkish Ministry of Justice acts as central authority,
• The principle is the child's return to habitual residence.

Therefore, foreign parents wishing to take children to their home country must obtain a court ruling or other parent's consent.

Hearing the Child's Views

For children above a certain age, views are heard in custody decisions. The court may:

• Hear the child in chambers,
• Request a pedagogue or psychologist's report,
• Consider the child's statement in custody decision.

If the foreign child's Turkish proficiency is insufficient, views are taken via translator.

Social Investigation Report

In custody cases, the court typically requests a social investigation report. This report:

• Is prepared by a social services expert,
• Evaluates each parent and the child separately,
• Examines living conditions, economic situation, environment,
• Determines parents' bond with child, child's preference.

Social investigation reports significantly affect court decisions; therefore, providing honest, open, child-best-interest-focused statements to the expert is recommended.

Modification of Custody

Even after a custody decision becomes final, if circumstances change, a custody modification lawsuit can be filed. Typical situations:

• Custodial parent's failure to fulfil duties to child,
• Child's harm in current environment,
• Custodial parent's relocation abroad,
• Child's preference changing as they grow.

In modification cases, the child's best interests principle remains decisive.

Alimony and Custody Connection

Regardless of which parent gets custody, the other parent has obligation to pay child support (iştirak nafakası). The foreign parent's living abroad does not change this obligation:

• Enforcement procedure can be used to collect alimony abroad in Turkey,
• For alimony originating from a Turkish court judgment to be paid abroad, intergovernmental mechanisms can be activated.

Legal Support

In Antalya, MONA HUKUK carefully handles custody cases for foreign parents. With the child's best interests principle as our basis, we protect our foreign clients' rights in their international dimension, and where needed, immediately initiate processes such as measures, return, and personal relationship violations.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.