Didim Today

This e-mail message was sent by a single parent: “Dear sir, I would like to ask some advice regarding my three-month-old daughter, I am a British citizen, my daughter is also a British citizen born in England but her father is Turkish and his name is on her English birth certificate. We recently separated (although we weren’t married) because he didn’t want to live in England and I didn’t want to return to Turkey to live.

One day I would like to be able to take my daughter to see her father/grandmother/aunty in ?stanbul, but I keep getting told he’ll take her away and, because Turkey is not in the EU, I can’t do anything about it. Now, my ex-partner did threaten once to take her if I went over but this was during an argument. I would really like any advice on my rights and my daughter if we went to Turkey for a week.

Could he take her? Could he go to court? Will they refuse to let me return to England with my daughter? Is there any official document he can get or sign to say I will return to England with my daughter? I have contacted the embassy and consulate but nobody is willing to help, so I would really appreciate it if you have any advice. Many thanks. Jane”

Dear Jane, this is not an easy thing to respond to. The father threatened you during an argument and this alerted you, so as a mother, you have some misgivings about coming to Turkey. I will try to draw a legal picture of the matter only. In practice, you know the father and you know his limits. I wish your daughter a happy life with you.

Could he take her?

The custody of a child born outside a registered marriage is with the mother, according to Turkish law. In other words, if the father attempts to keep the baby in Turkey, this is (a kind of) kidnapping, technically referred to as “child abduction.”

What is child abduction?

According to the Hague Convention on the Civil Aspects of International Child Abduction, “The removal or the retention of a child is to be considered wrongful whenever:

a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the state in which the child was habitually resident immediately before the removal or retention; and

b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.”

Is Turkey party to the Hague Convention on the Civil Aspects of International Child Abduction?

Yes, Turkey is a party to the convention.

Could he go to court?

Of course, the father has right to go the court. There may be several reasons for going to court. The father is always able to start legal action for sole or joint custody of the baby.

A father asking for custody of a newborn baby must have serious grounds to present to the court, since the baby needs the attention of the mother until a certain age. One example of possible allegations a father could make in requesting custody would be alcoholism or drug addiction on the part of the mother. The father may also ask the court for visiting rights.

Nationality of the baby

Under Turkish law, if a child is born through a Turkish father and a foreign mother out of marriage, then the baby may acquire Turkish citizenship if the required conditions are met. This does not change the application of rules governing custody, which shall belong to the mother, according to the Turkish Civil Code, because there is no union of marriage.

The best idea would be for you and the father to agree on the terms of visiting rights and custody matters without detriment to the child. A lawyer can draft such an agreement, which can then be registered with a court.

Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ This e-mail address is being protected from spambots. You need JavaScript enabled to view it