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 may have the right to apply for the abduction of the child. This is as per the Hague Convention on the Aspects of International Child Abduction dated 25.10.1980. However, the Hague Convention covers the return of children under the age of 16. Nevertheless, the extradition request may be rejected if the 16-year-old child has adapted to the new country.

Best Interest of the Child

It should be noted that the interest of the child is superior to the interest of the parents. The interest of the child is evaluated from two perspectives; on the one hand, it is aimed to preserve the child’s ties with his/her family, and on the other hand, it is tried to ensure that the child grows up in a peaceful environment.

No parent has the right to impose measures that may adversely affect the health and development of the child. According to the European Court of Human Rights, the interests of the child must prevail.

This interest has two aspects: Firstly, the best interests of the child include ensuring that the child develops in a healthy environment; under no circumstances is the parent’s behavior that may harm the child’s health and development protected. Secondly, it is the right of the child to maintain ties with his/her family unless it is contrary to the best interests of the child. In this context, the child’s family ties may only be severed in exceptional circumstances. The best interests of the child require that all necessary measures be taken to maintain the personal relationship and, where appropriate, to reunite the family.