Child custody decisions issued by foreign courts (during or after a divorce) are not automatically recognized in Turkey. For these decisions to be legally binding, a recognition and enforcement lawsuit must be filed.


1. Recognition Requirements

A Turkish family court will enforce the foreign child custody decision under these criteria:

  • The decision must be final and binding in the issuing country (showing a certificate of finalization).
  • The decision must not violate Turkish public policy. Turkish courts always prioritize the "Best Interest of the Child" (Çocuğun Üstün Yararı).
  • The respondent's right to defense must have been respected in the foreign court.

2. International Child Abduction (The Hague Convention)

If a parent unlawfully removes a child to Turkey without the other parent's consent, the Hague Convention on International Child Abduction applies. The left-behind parent can request the immediate return of the child through the Turkish Ministry of Justice acting as the Central Authority.



Frequently Asked Questions (FAQ)

Can a Foreign Custody Decision Be Enforced in Turkey?

  1. Tenfiz Suit: File a recognition/enforcement suit in a Turkish Family Court.
  2. Finality: Submit the finalized, apostilled foreign custody judgment.
  3. Best Interest: The court will verify that it serves the best interest of the child.