On 25 April 2016, Turkey acceded to the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children ("Hague Convention"), as well as the 2007 Convention on the International Recovery of Child Support and Other Forms of Family Maintenance ("Child Support Convention").
The Hague Convention and Child Support Convention are important requirements in the Visa Liberalization Dialogue between the European Union and Turkey, also contributing to Turkey's European Union harmonization process.
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children
In 1983, Turkey acceded to the 1961 Convention regarding Applicable Law on Protection of Children and Competency of Authorities on the same issue. However, the 1961 convention became insufficient to meet modern needs. Accordingly, the Hague Convention was opened for signature on 19 October 1996.
The Hague Convention introduces regulations to eliminate jurisdictional disputes between foreign states regarding protection of children and their property. According to the Hague Convention, if an international dispute arises, the child's habitual residence state's authorities and courts are primarily authorized.
The Hague Convention's provisions aim to eliminate confusion regarding competency disputes between foreign states regarding protection of children and difficulties which arise from recognizing and enforcing decisions.
Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
The Child Support Convention was opened for signature on 5 November 2007 and acceded by Turkey on 25 April 2016. It aims to regulate efficient recovery of child support and other forms support which arise from family law in general. The Child Support Convention combines provisions from many different conventions and international agreements regarding the topic.
The Child Support Convention states that a foreign state cannot claim any guarantee regarding litigation expenses from the state where support will be recovered, as well as ensures free of charge legal support regarding child support for children under 21 years old. Recognition, enforcement conditions and recovery methods for child support are explained in detail.
Please see these links for the full text of the conventions:
- Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility
- Protection of Children and Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
