The Custody Of The Child
According to Article 337/1 of the Turkish Civil Code, principally the mother has the custody of the child. If the parents are married, they share the custody of the child. In what circumstances can the father get the custody of the child in Turkey? If you want to file for divorce and do not know where to start, we recommend you to read our article titled How to file for divorce? Who Has The Custody Of The Child? Principally the mother has the custody of the child or the parents share custody. The court, however, the court may decide to give the custody of the child to the father under certain circumstances. Depending on the situation, the judge may also decide to award custody neither to the mother nor to the father, but to appoint a guardian for the child. If the parents of child file for divorce, the court will decide which parent to have the custody. According to the statistics on divorce cases, in 75% of divorce cases in Turkey, the mother has custody of the child. When deciding on who to give the custody, the judge takes into consideration the best interests of the child, and physical and intellectual development rather than maternal and paternal feelings. Can The Father Get The Custody Of The Child? In case of minor children, the tendency of the courts is not to separate the child from the mother unless necessary. But, if the mother’s lifestyle has a negative impact on the physical and mental development of the child, the court may give the custody of the child to the father. Generally the custody of the child is usually with the father rather than the mother in the following cases: If the mother is a minor or mentally ill If the mother is incapable of taking care of the child Mother agrees to give custody to the father in an uncontested divorce lawsuit In the event of an uncontested divorce, the spouses may agree whether the mother or father will have the custody of their children. This agreement between the spouses does not force the judge to leave the custody of the child to the party determined by the spouses. This is because, since the custody of the child is a matter of public order, the judge may decide to leave the custody of the child to the other spouse or appoint a guardian for the child on its own discretion. So, even if the parents agree, the court decides on custody by making the necessary research ex officio. Therefore, giving custody to the father through an uncontested divorce case is only possible only if the court explicitly approves it. Custody Of The Child With Siblings In the event that both spouses challenge custody in the divorce lawsuit, the court examines which spouse serves the best interest of the child and decides accordingly. If there is more than one child, the court applies the principle of non-separation of siblings. Accordingly, if there are two or more joint children, the court decides to give the custody of all children to the same parent. This […]
Read moreTaking The Child Abroad
For taking the child abroad, the other spouse must provide permission in writing. This applies if the couple is married. Otherwise, the parent who has the custody may take the child abroad without asking the other spouse. Other Spouse’s Permission For Taking The Child Abroad The answer will be different for married or divorced spouses. If you are married and want to take your joint child abroad, the consent of your spouse is mandatory. Your spouse must provide a Notarized Consent. Otherwise, the customs officer will not approve the child’s exit. In some cases, airline companies may also request a letter of consent. In this case, you can apply to the court to decide that consent is not required for the child to leave the country. However, if you are not married, the party who has custody can make all kinds of decisions regarding the child. Therefore, he/she can take the child abroad and even settle abroad. However, going abroad should not conflict with the best interests of the child. Likewise it should not prevent the other spouse’s personal relationship with the child. Otherwise, the other spouse may have the right to sue for getting the custody. Taking the Child Abroad Under Joint Custody Recently, courts may decide on joint custody in some uncontested divorces by adopting a practice that did not exist in Turkish law before. In this case, in order to take the joint child abroad, the consent of the other spouse must be obtained, just like in the case of married spouses. Preventing the Abduction of a Child Abroad In some cases, the spouse who has custody may attempt to smuggle the child abroad in order to prevent the other party from seeing the child. In this case, the other spouse may request the court to prevent the child from traveling abroad. However, the court may not accept this request, as it may be a violation of the child’s right to travel. If the child has already been abducted abroad, the return of the child is requested. International child abduction cases should be evaluated within the scope of the following; The Convention on the Civil Aspects of International Child Abduction (Hague Convention) dated 25/11/1980, which was published in the Official Gazette dated 15/2/2000 and entered into force on 1/8/2000 Convention on the Rights of the Child dated 20/11/1989, signed by Turkey on 14/10/1990 and entered into force upon its publication in the Official Gazette dated 27/1/1995 European Convention on the Recognition and Enforcement of Decisions concerning the Custody of Children and on the Restitution of Custody of Children Luxembourg, 20.V.1980 Article 8 of the European Convention on Human Rights (the Convention), entitled “Right to respect for private and family life” Law No. 5717 dated 22/11/2007 on the Legal Aspects and Scope of International Child Abduction Resettlement of a Child Abroad The spouse who has custody of the child may decide to relocate the child abroad. Although the consent of the other spouse is not required for this, the right to file a lawsuit to change the custody of the child may arise. In addition, the other spouse […]
Read moreWomen’s Rights In Divorce Lawsuits In Turkey
What are rights of a woman in a divorce lawsuit in Turkey? How can a woman exercise her rights in a divorce case? What are the Rights of a Woman in a Divorce Lawsuit? A woman can claim the following rights in the divorce lawsuit: Material and moral compensation Alimony (precautionary alimony and poverty alimony) Claims arising from property division Family residence annotation Free lawyer (legal aid rights) Protection order Custody of the child Visitation times with the child Continue living in the mutual house until the end of the lawsuit Right to claim personal belongings and jewelry Material Compensation in Divorce Lawsuits Material compensation is one of the financial consequences of divorce (TCC 174). In a divorce lawsuit, the woman may assert her right to material compensation or may exercise this right after the divorce. The woman seeking compensation must be free of fault or less faulted than her husband. Also, the man must be at fault, the woman must have suffered a damage, and there must be a relationship between the damage and the man’s fault. Moral Compensation in Divorce Lawsuits Pursuant to Article 174 of the TCC, women whose personal rights are attacked have the right to claim moral compensation. For this, the divorce should arise fr due to the fault of the husband. The right to moral compensation is not a means of enrichment for one party and impoverishment for the other party. The main purpose of the moral compensation is to relieve the anger and sadness due to the events that caused the divorce. Finally, the woman must have no fault or less fault than her husband, the man must be at fault, a damage must have occurred, there must be a causal link between the damage and the man’s faulty behavior. Women’s Alimony Rights in Divorce Lawsuits Women are entitled to precautionary alimony until the divorce is finalized. There is no need for the woman’s request to exercise her right to preventive alimony. The judge takes temporary measures ex officio. Here, fault in the divorce is not relevant for temporary injunction alimony. Precautionary alimony may continue after the divorce if requested as poverty alimony. For this, a request must be made with the court at the beginning of the proceedings. Poverty alimony is granted indefinitely. The right to poverty alimony is determined according to the fault rate of the parties. Women’s Rights from Division of Marriage Assets The assets acquired by each spouse during the marriage is divided between the spouses at the end of the marriage. Therefore women are entitled to receive half of the property acquired during the marriage. Right to Register a Family Residence Annotation Family residence may be under one spouse’s name. It may also be a rental house where the rental contract is signed by only one of the spouses. In these cases, women have the right to request a family residence annotation to be registered in the title deed. With this annotation, the lease agreement cannot be terminated and the transfer the ownership of the family residence is not allowed without the singature of both spouses. Right to Request a […]
Read moreInternational Divorce
International Divorce Law International divorce appears if there is a foreign element in the divorce lawsuit. Law No. 5718 on Private International Law and Procedural Law (“PIL”) regulates the applicable law to the disputes with a foreign element. It also regulates the international jurisdiction of Turkish courts and the recognition and enforcement of foreign judgments. Foreign Element in Divorce Lawsuits Foreign element appears if; the marriage takes place in a foreign country; one of the parties to the lawsuit is a foreign citizen; the residence of one of the parties is in a foreign country; if the habitual residence is in a foreign country. Applicable Law in International Divorce Cases Competent Law in International Divorce The applicable law is Turkish law for Turkish citizens who have more than one nationality. If none of the spouses are Turkish citizens, the law of most relevant state applies. The divorce is as per the common national law of the spouses. If the spouses have different nationalities, the law of their common residence applies. Otherwise, Turkish law applies. This is the same for alimony and custody claims. However, Turkish law applies for precautionary measures (temporary measures). Competent Law in International Marriage The marriage is governed by the national law to which the parties were subject at the time of marriage. If the parties have different nationalities, the law of their common habitual residence applies. Accordingly, the law of the country where the spouses reside together prevails. Otherwise, Turkish law applies. Competent Law for Matrimonial Property in International Divorce The marital property is subject to the common national law of the spouses. In case of different nationalities, the law of their common habitual residence applies. Accordingly, the law of the country where the spouses reside together prevails. If the spouses do not reside together in a country, Turkish law applies. As for the immovable property, the law of the country where the immovable property is applies. Accordingly, even if the national law is different, Turkish law applies to the liquidation of immovables located in Turkey. Turkish Public Order and Public Interest in International Divorce Turkish law applies where Turkish public order requires and in cases contrary to Turkish public order. For this to be the case, the application of foreign law must lead to intolerable consequences and a clear violation of the Turkish public order. Foreign law does not apply if it is contrary to the fundamental principles of Turkish law, the basic understanding of justice, incompatible with the general political regime, economic regime and level of civilization, and fundamental rights and freedoms in the Turkish Constitution. International Divorce Lawsuits Law on Civil Procedure provides that the common national law of the spouses should apply to international divorces. If there is no common national law of the spouses, the law of their common domicile, or the law of their common habitual residence, or the law of the country where they are located on the date of the lawsuit applies. For those who have more than one nationality, Turkish law is competent in cases where they are also Turkish citizens. In cases where they do not have Turkish citizenship, […]
Read moreInternational Family Lawyer
An international family lawyer has expertise to deal with family law matters that involve more than one jurisdictions. Pinar Denktas, an international family lawyer, is experienced in providing legal services to its foreign nationals. Also she has extensive knowledge on international law. Family Law Family law is a legal practice area that deals with family-related issues and domestic relations, such as marriage, divorce, child custody, adoption, and domestic abuse. It involves the laws and regulations that govern the legal relationships between family members, as well as the rights and responsibilities of each member. Attorneys who practice in this area of law typically have expertise in matters related to marriage, divorce, child custody, and other family-related legal issues. International Family Law International family law is a sub-specialty of family law that deals with legal issues that involve more than one country or jurisdiction. It deals with the legal issues that arise when families, or individuals within a family, are from different countries or have connections to different countries. International family law can involve issues such as; cross-border child custody disputes, international adoptions, recognition of foreign divorces, and other legal issues that have a cross-border element. International family law is complex due to the different laws and legal systems that may be involved in a case. It is also difficult because there may be a lack of uniform laws or agreements between countries. As a result, international family law cases often require the assistance of attorneys with specialized knowledge and experience in this area. International Family Lawyer An international family lawyer is a lawyer who specializes in dealing with legal issues that involve more than one country or jurisdiction. They have expertise in the laws of different countries and legal systems, as well as in the conventions and treaties that govern cross-border legal matters. They help their clients navigate the complex legal issues that can arise when a family, or individuals within a family, are from different countries or have connections to different countries. International family lawyers handle a wide range of legal issues, including: • Cross-border child custody disputes • International adoptions • Recognition of foreign divorces and annulments • International child abduction • International child support disputes • International prenuptial and postnuptial agreements • International surrogacy An international family lawyer typically works closely with other legal professionals. For example, they work with foreign attorneys and international legal experts, to ensure that their clients’ rights are protected. They also have knowledge of international conventions and treaties which are important to the resolution of cross-border family disputes. An example to this is the Hague Convention on the Civil Aspects of International Child Abduction. Requirements For An International Family Lawyer Some specific requirements for an international family lawyer may include: A law degree from an accredited law school Passing a bar examination in the jurisdiction in which the lawyer is practicing Additional education or training in international law or the laws of specific countries Knowledge of international conventions and treaties, such as the Hague Convention on the Civil Aspects of International Child Abduction Knowledge of the legal procedures and protocols involved in cross-border […]
Read moreCost of Divorce in Turkey
The cost of divorce in Turkey can vary depending on a number of factors such as the complexity of the case and the lawyer’s fees. However, the average cost of a divorce in Turkey can range from a few thousand Turkish Lira to tens of thousands of Turkish Lira. How much does it cost to get a divorce in Turkey? The costs of a divorce may include legal fees, court fees, and other expenses such as the cost of hiring an expert witness or a translator. The lawyer’s fees will vary depending on the lawyer’s experience and reputation, the complexity of the case, and the location of the lawyer’s office. It’s important to note that in Turkey, the court fees and lawyer’s fees are usually divided between the spouses. The fees will depend on the income of the parties, and the court will decide the fees. It’s recommended to ask for a detailed breakdown of the costs from the lawyer and to discuss your budget with the lawyer in advance. How much does an uncontested divorce lawsuit cost in Turkey? The cost of an uncontested divorce lawsuit in Turkey can vary depending on a number of factors such as the complexity of the case, the lawyer’s fees, and court fees. According to the minimum amount set by the Minimum Fee Tarriff for Attorneys 2023, the attorney’s fee can be at least TL 9,200 plus VAT. On average, an uncontested divorce lawsuit fees can cost between 1,000 Turkish Lira to a few thousands of Turkish Lira. In an uncontested divorce, both parties agree on the terms of the divorce and there is no need for a trial. This can make the process quicker and less expensive than a contested divorce. The lawyer’s fees for an uncontested divorce will depend on their experience, reputation and location. Court fees for an uncontested divorce can also vary depending on the demands made by the parties. The court will decide the fees according to the parties’ demands. For example, if there will be a title deed change, the fees might be paid to the court rather than to the land Office. How much does an contested divorce lawsuit cost in Turkey? The cost of a contested divorce lawsuit in Turkey can vary widely depending on the complexity of the case, the lawyer’s fees, court fees, and other expenses such as the cost of hiring an expert witness or a translator. A contested divorce is one in which the parties are unable to agree on the terms of the divorce and a trial is necessary. This process can be more time-consuming and expensive than an uncontested divorce. The lawyer’s fees for a contested divorce will depend on their experience, reputation, and location. Court fees for a contested divorce will also depend on the demands made by the parties.
Read moreDivorce Lawyer in Turkey
When looking for a divorce lawyer in Turkey (boşanma avukatı), it is important to find someone who is experienced and knowledgeable in family law. Divorce lawyers in Turkey specialise in handling legal issues related to marriage, divorce, child custody, child support, and other family-related matters. It is also helpful to find an attorney who you feel comfortable communicating with and who you trust to represent your interests. Additionally, it can be useful to find an attorney who is able to effectively negotiate and litigate in court, if necessary. How To Find A Divorce Lawyer In Turkey? You can find a divorce lawyer in Turkey by searching online, reaching out to friends and family for recommendations, or contacting a local bar association or the Turkish Union of Bars (TBB) for a list of qualified lawyers. Make sure to research and interview multiple lawyers before making a final decision. Divorce Lawyer Near Istanbul If you are looking for a divorce lawyer near Istanbul, there are several options available. Some ways to find a divorce lawyer near Istanbul include: Searching online. You can also check their website and read customer reviews. Asking for recommendations: Reach out to friends, family, or other professionals in the legal field for recommendations on divorce lawyers near Istanbul. Contacting a local bar association: Many bar associations have referral services that can provide you with a list of qualified lawyers in your area. A Good Divorce Lawyer Here are some signs of a good divorce lawyer: Experience and knowledge in the area of family law: A good divorce lawyer will have experience handling similar cases and will be knowledgeable about the laws and procedures related to divorce. Strong communication skills: A good divorce lawyer will be able to clearly communicate with you about your case and will be responsive to your questions and concerns. Ability to negotiate and litigate: A good divorce lawyer will be able to effectively negotiate a settlement with the other party, but also be prepared to litigate in court if necessary. Professionalism and integrity: A good divorce lawyer will conduct themselves in a professional and ethical manner, and will always put your best interests first. Good record of accomplishments: A good divorce lawyer will have a good track record of successfully resolving their clients’ cases. Transparent fee structure: A good divorce lawyer will be upfront about their fees and will provide you with a clear understanding of how they bill for their services. Accessible and responsive: A good divorce lawyer will be accessible and responsive to your needs, and will make sure you are informed and involved in all processes. English Speaking Good Divorce Lawyer When seeking an English speaking good Turkish divorce lawyer for foreigners, it’s important to look for a lawyer who is experienced in handling international divorce. Here are a few things to consider: Knowledge of both Turkish and foreign laws: Such a lawyer will be able to advise on the potential legal and practical issues that may arise from a marriage between a foreigner and a Turkish citizen. Familiarity with the local courts and legal system: A lawyer who is familiar […]
Read moreDivorce in Turkey
Divorce in Turkey is a difficult and emotional legal process. You may want to consider seeking legal advice and counseling to help you through this process. If you’re not sure where to start, you can contact a family law attorney for guidance. How To Get A Divorce in Turkey? Here is a general guide to getting a divorce in Turkey: Meet the competency requirements: The Turkish courts must be competent to hear the divorce lawsuit. This depends on several factors such as domicile of the family or applicable law to the marriage. File for divorce: One of the spouses must file a petition for divorce with the competent court. Attend a conciliation meeting: Once the petition is filed, the court will schedule a conciliation hearing. If reconciliation is not possible, the divorce proceedings will continue. Attend a hearing: A hearing will be held to consider the evidence presented by both parties and make a decision on the divorce. Obtain the divorce judgment: Once the court makes a decision, it will issue a divorce judgment. The judgment will include any agreements reached regarding child custody, child support, and property division. Wait for the judgment to become final: The divorce judgment will become final after 30 days from the date of the judgment. After the judgment becomes final, the divorce will be final and binding. Family Law in Turkey In Turkey, family law is governed by the Turkish Civil Code and the Turkish Code of Obligations. Divorce proceedings in Turkey are initiated by one of the spouses and can be granted on the grounds of mutual consent, or on the grounds of one of the following: • Adultery • Desertion • Cruelty • Living separately for at least one year • Irreconcilable differences Child custody is usually awarded to the mother, but the father can petition for custody if the mother is deemed unfit. Child support is also determined in a divorce case. Property division is based on the principle of “equal sharing” meaning that any assets or debts acquired during the marriage will be divided equally between the spouses. However, the court may deviate from this principle if it is deemed necessary to do so in the interest of justice. It’s important to note that the family laws in Turkey may change over time and it’s best to consult a Turkish family law attorney for the most up-to-date information. How To Divorce in Turkey? Turkey has two types of divorce lawsuits. One is agreed (uncontested) divorce and the other is contested divorce. In the uncontested divorce, spouses must agree on the terms of the divorce such as custody, alimony, sharing of goods, compensation. Otherwise they file contested divorce and must present their claims together with evidences. Uncontested Divorce in Turkey An uncontested divorce in Turkey is a type of divorce where both parties agree to the divorce and the terms of the divorce. The agreed terms would be child custody, alimony, compensation, child support, and property division. This type of divorce is often faster and less expensive than a contested divorce. Because there is no need for a trial or for […]
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