In recent years, international marriages and the tendency to live in different countries have increased. These developments have directly affected family law. In particular, the situation of children after divorce or separation has frequently been raised. One of the most serious problems is the abduction of children abroad.
This issue has complex consequences not only for parents but also for states. This is because different legal systems come into play. Furthermore, protecting the child’s interests often becomes difficult. At this point, both national and international law come into play. However, as the process is quite complex, the support of a specialist solicitor is essential. Solicitor Esra Aslan guides her clients in this area and meticulously monitors their cases.
The child’s abduction to a foreign country What is it?
The child’s abduction abroad, one parent’s without the other’s consent taking the child to a different country different country without the other parent’s consent. This act usually arises after divorce and custody cases come to light.
For example, if a child whose custody is held by the mother is secretly taken abroad by the father, this constitutes abduction. Similarly, if a child entrusted to the father for a certain period is kept in another country without the mother’s consent, this situation is also unlawful.
Legal Framework
Turkey acceded to the Hague Convention on the Civil Aspects of International Child Abduction in 1998. This convention provides for the return of a child who has been wrongfully removed to the country from which they were taken.
In addition, the Turkish Civil Code also regulates custody and children’s rights. The Turkish Penal Code, on the other hand, considers child abduction a crime in certain circumstances. Therefore, both national and international rules operate in tandem.
Application Process
When a child is abducted abroad parents should not waste any time. In Turkey, the first step is taken by the Ministry of Justice, International Law Department, and a14> Foreign Relations Directorate General of the Ministry appoints. This institution assumes the role of “central authority” within the scope of the Hague Convention.
The process works as follows in the following manner:
- The parent reports that the child has been abducted or taken away.
- Central office collects the necessary documents.
- Relevant country’s central authority application is forwarded.
- A restitution case is filed in that country.
If the documents are not submitted in full, the process will be prolonged. Therefore, it is important for parents to seek expert support. Solicitor Esra Aslan guides her clients on preparing the documents and expediting the process.
Child Custody Cases
The purpose of the Hague Convention is to ensure that the child returns to the environment to which he or she is accustomed as soon as possible. Courts endeavour to reach a swift decision in such cases.
However, in some cases, a return decision is not made. For example, if the child is in serious danger or has reached a certain age and does not want to be returned, the court may make a different decision. Nevertheless, the fundamental principle is the best interests of the child.
In Turkey, such cases are heard by Family Courts. Abroad, the case is heard by the courts of the relevant country.
The Best Interests of the Child
In every case, the courts prioritise the child’s best interests. The child’s safety, education, social environment and psychological well-being are taken into account. The parents’ personal demands take a back seat.
This approach is also explicitly stated in international agreements. Because children should not be victims of disputes between their parents. Lawyer Esra Aslan acts with the best interests of the child at the forefront in all her cases.
Esra Aslan’s Role
Child abduction cases involving extremely technical and complex issues. International correspondence, translation of documents and tracking deadlines require significant experience. Esra Aslan provides clients with strong support in this area.
A strategic approach is particularly important in cases brought under the Hague Convention. Esra Aslan gathers all the necessary documents, prepares petitions and takes steps to ensure the process moves forward swiftly. She also provides her clients with both legal and psychological guidance.
Measures to Prevent the Abduction of Children Abroad
Parents can take certain steps to prevent their children from being abducted abroad. They can request a passport ban from the court. A travel ban is also a commonly used measure.
In addition, the custody decision must be clearly defined. Unclear decisions lead to disagreements between parents. Solicitor Esra Aslan also informs her clients about precautionary measures.
The Child’s Abduction Abroad The Lawyer’s Strategic Role
In cases involving the abduction of a child abroad, not only legal knowledge but also a strategic approach is of great importance. The solicitor determines in which country to file the case, which documents will constitute stronger evidence, and which international agreements to rely on. A wrong step can lead to the case being dismissed or dragging on for years. Therefore, a solicitor who manages the process professionally prevents time loss and ensures that the child is reunited with their family as soon as possible. Esra Aslan offers her clients the most appropriate strategies in such cases, drawing on both her legal expertise and practical experience.
International Cooperation
The abduction of a child abroad involves the legal systems of multiple countries. Therefore, international cooperation is essential. Turkey works together with other states through the treaties it has signed.
However, the laws of each country differ. Therefore, it is difficult to proceed without legal assistance. In particular, the translation and proper preparation of documents are of critical importance.
The Child’s Psychological State
Children are the most affected by this process. A child taken to a different country is separated from their education and social environment. This situation can lead to psychological problems. Courts take the child’s psychological health into consideration when making decisions.
Solicitor Esra Aslan considers not only the legal processes but also the child’s psychological well-being. For this reason, she also advises her clients to seek psychological support.
Effects on the Child’s Social and Educational Life
The abduction of a child abroad profoundly affects not only family ties but also their education and social life. A child separated from their familiar school, teachers, and circle of friends struggles to adapt to a new country. This situation can lead to a decline in academic performance and a loss of self-confidence. Furthermore, language differences and cultural alienation also negatively affect the child’s psychology. For this reason, courts take into account the stability of the child’s educational life when making decisions. Esra Aslan highlights these points in her cases and takes the necessary legal steps to ensure that children’s social and educational lives are not harmed.
In Turkey and Around the world Examples Cases
Child custody cases are frequently heard in Turkey. For example, if a child whose custody is held by the mother is taken abroad by the father, the court will order the child to return to Turkey. Similarly, cases concerning the children of Turkish citizens living abroad are also heard in Turkey.
The Criminal Aspect of Child Abduction Abroad
The abduction of a child abroad is not merely a matter of family law; in some cases, it also gives rise to criminal liability. The Turkish Penal Code classifies actions taken without the consent of the holder of custody rights as “abduction” or “kidnapping” of a child. Such acts may result in penalties up to imprisonment. Therefore, parents may not only file custody and return proceedings but also report the crime to the public prosecutor. Solicitor Esra Aslan protects her clients’ rights by supporting them in both civil law and criminal proceedings.
There are many examples around the world. Child abduction cases are particularly common among divorced international couples. These cases can even affect diplomatic relations between countries.
The abduction of a child abroad is a major trauma for families. However, national and international legal mechanisms aim to protect the child’s best interests. As the process is complex, specialist legal support becomes essential.
Solicitor Esra Aslan provides guidance to her clients in cases involving child abduction, prepares documents, and meticulously follows up on cases. Thus both the parents’ and the a18> children’s rights in the most robust manner possible.