Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children dated 1996, which covers many important issues in international custody cases, is a legal and administrative authority's responsibility in terms of parental responsibility and child protection disputes containing foreign elements. It is an international private law agreement with a very wide application area, which brings provisions on its international authority, applicable law, and the recognition and enforcement of the decisions taken. The Convention entered into force on 01.02.2017 for Turkey and became a part of Turkish legal legislation. This agreement will be applied in custody disputes involving foreign element in Turkey.
1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children” addresses a very wide range of international parental responsibility and child protection issues. Aiming to improve the protection of children in international situations and seeking to avoid conflicts between legal systems in relation to measures taken for the protection of children, Convention provides rules on jurisdiction, applicable law and recognition and enforcement in respect of parental responsibility and protection measures of children.
What is the Child Coverage Age in the Agreement?
Children under the age of 18 (eighteen) are included in the scope of the Convention.
What is the Child Coverage Age in the Convention?
Children under the age of 16 (sixteen) are included in the scope of the Convention.
What is the Central Authority Appointed by Turkey in the Convention?
The Ministry of Justice has appointed the General Directorate of International Law and Foreign Relations as the central authority, and the central authority fulfils this duty through the local Chief Public Prosecutors' Offices.
Obligation of Letter of Parental Consent in Taking Children Abroad in Turkey
The letter of consent given by the legal representatives through a notary public in order for persons under the age of 18 to go abroad and apply for a visa is called a parental consent letter. Persons under the age of 18 must obtain a notarized notification/consent in order to travel abroad without both of their legal representatives.
If the child is traveling alone, all flights must be booked during the travel period. With the consent to be issued through a notary public, the child will act in the presence of the authorized personnel during the access to the aircraft and during the admission of the passenger to the aircraft. If the child will travel with one of his parents, this time the parent who does not participate in the trip issues a consent letter through a notary public.
Consent is given by the Consulates abroad and notaries or the General Directorate of Security in the country.