Child Custody in Turkey (2026): Custody Laws for Foreign Parents, Taking a Child Abroad and the Hague Convention

1. Who has custody of a child in Turkey?

A minor child is under the custody of the mother and father, and custody cannot be taken from the parents without a legal reason (Civil Code, Art. 335) [M1]. While the marriage continues, the parents exercise custody together. If they stop living together or a separation is ordered, the judge may give custody to one of them; after a divorce, custody belongs to the parent to whom the child is entrusted (Art. 336) [M1]. The court that grants the divorce therefore also decides custody, after hearing the parents where possible, and regulates the rights of both parents and the child's personal relations with the other parent (Art. 182) [M1].

Stage	Who exercises custody	Basis
During the marriage	Both parents together	Civil Code Art. 336/1
Common life ended or separation	The judge may give custody to one parent	Art. 336/2
While the divorce case continues	Interim measures for the children's care and protection	Art. 169
After the divorce	The parent the child is entrusted to	Art. 336/3; Art. 182
Death of a parent	The surviving parent	Art. 336/3
Parents never married	The mother; the judge may appoint a guardian or give custody to the father in listed cases	Art. 337

2. Which country's law decides custody for international couples?

When a Turkish court hears the divorce of a mixed or foreign couple, it first decides which law applies. Under Turkey's Private International Law, custody in divorce follows the same rule as the divorce itself: the spouses' common national law; if they have different nationalities, the law of their common habitual residence; and if there is none, Turkish law (Law No. 5718, Art. 14/1 and 14/3) [M3]. Interim measures during the case are always governed by Turkish law (Art. 14/4), and child support claims follow the law of the habitual residence of the person entitled to support, usually the child (Art. 19) [M3].

Family situation	Law applied to custody in a Turkish divorce case
Both parents are nationals of the same foreign country	That country's law (common national law)
One Turkish and one foreign parent, living in Turkey	Turkish law (common habitual residence)
Different nationalities, both living in the same foreign country	That country's law (common habitual residence)
Different nationalities, no common habitual residence	Turkish law
Interim measures during the case	Always Turkish law (Art. 14/4)
Child support	Law of the child's habitual residence (Art. 19)

The same family can therefore receive different answers depending on the parents' nationalities and where the family lived before the separation. These connecting rules are why the first questions in an international custody file are usually about passports and the family's last common home.

3. How do Turkish courts decide custody? No fixed age rule

It is often said that young children automatically stay with the mother, or that custody changes at a certain age. The Civil Code contains no such rule. When regulating personal relations, the law directs the court to the child's interests, "especially in terms of health, education and morals" (Art. 182) [M1].

Factors examined in practice

The matters examined in custody files usually include:

• the child's age, health and developmental needs;
• which parent has been caring for the child day to day;
• each parent's home, working hours and support network;
• continuity of schooling, language and friendships;
• each parent's willingness to support the child's relationship with the other parent;
• social worker, psychologist or pedagogue reports ordered by the family court.

Does the child's opinion matter?

The Civil Code requires parents to give the child room to organise his or her life according to the child's maturity and, in important matters, to take the child's views into account as far as possible (Art. 339) [M1]. Family courts commonly hear children who are old enough to express a view, often with an expert present. A child's view is weighed with the other factors; it does not decide the case on its own.

4. Is joint custody possible after divorce in Turkey?

The Civil Code describes joint custody only during the marriage; after divorce it refers to the parent the child is entrusted to (Art. 336) [M1]. Joint custody after divorce entered Turkish practice through Article 5 of Protocol No. 7 to the European Convention on Human Rights, which provides that spouses have equal rights and responsibilities towards their children during marriage and after its dissolution [M5]. In a 2017 file concerning the divorce of two British nationals, the Court of Cassation (2nd Civil Chamber, E.2016/15771, K.2017/1737) approved joint custody with reference to that article [Y1]. In later files, joint custody has been approved where both parents asked for it and the child's interests allowed it.

Question	Position
Is joint custody written in the Civil Code after divorce?	No; Art. 336 refers to the parent the child is entrusted to
Legal basis used in practice	Protocol No. 7 to the ECHR, Art. 5
First Court of Cassation file	2nd Civil Chamber, E.2016/15771, K.2017/1737 (two British nationals)
Typical setting	Both parents ask for it, usually in an uncontested divorce protocol

5. Parents who were never married

If the parents are not married, custody belongs to the mother. If the mother is a minor, restricted, deceased or has had custody removed, the judge appoints a guardian or gives custody to the father, according to the child's interests (Civil Code, Art. 337) [M1]. Unmarried foreign couples living in Turkey are often surprised by this rule, because many countries give unmarried fathers parental responsibility once paternity is established.

6. Personal relations (visitation) with the other parent

Each parent has the right to adequate personal relations with a child not in his or her custody (Civil Code, Art. 323) [M1]. The court sets the arrangement in the divorce decision: weekends, holidays, summer periods and, for international families, how time is spent in the other parent's country and who pays for travel.

Issue	What the law says
Right to see the child	Each parent has the right to adequate personal relations (Art. 323)
Criteria	The child's interests, especially health, education and morals (Art. 182)
Duty of both parents	Not to damage the other's relationship with the child or hinder upbringing (Art. 324/1)
Obstruction by the custodial parent	Custody may be changed, if not against the child's interests (Arts. 182/2, 324/3)
Grandparents and relatives	Contact can be granted in extraordinary circumstances (Art. 325)

When can contact be refused or restricted?

Contact can be refused or taken away if it endangers the child's peace, if a parent uses it in breach of the duty not to damage the other parent's relationship with the child, if the parent does not seriously care for the child, or for other important reasons (Civil Code, Art. 324/2) [M1].

If the custodial parent blocks contact

Since 2021 the Civil Code has said this directly: if the parent with custody does not comply with the personal relations arrangement, custody may be changed, provided this is not against the child's interests, and the court warns the parties of this in its decision (Arts. 182/2 and 324/3, added by Law No. 7343) [M1]. For parents abroad whose contact is not being honoured, this warning in the decision is often the first document they look at.

Grandparents and other relatives

Where extraordinary circumstances exist, the right to personal relations can also be granted to other people, especially relatives, to the extent this suits the child's interests (Art. 325) [M1].

7. Child support after divorce in Turkey

The non-custodial parent contributes to the child's care and education costs according to his or her means (Civil Code, Art. 182/3) [M1]. The amount is set by the child's needs and the parents' living conditions and ability to pay; the child's own income is also considered, and support is paid monthly in advance (Art. 330) [M1]. The parent caring for the child can file the support claim on the child's behalf (Art. 329), and the amount can be re-set or ended when circumstances change (Art. 331) [M1].

Question	Civil Code rule
How long?	Until the child reaches majority; if education continues, until it ends, to the extent the parents can be expected to pay (Art. 328)
Who files?	The parent actually caring for the child, on the child's behalf (Art. 329)
How much?	Child's needs, parents' living conditions and ability to pay (Art. 330)
Future increases	The judge can decide in advance how payments will be adjusted in future years (Arts. 182, 330)
Change	Re-set or ended on request when circumstances change (Art. 331)

8. Can the custodial parent move abroad with the child?

This is the central question for many foreign parents. The Civil Code provides that new facts, such as a parent remarrying, moving to another place or dying, allow the judge to take the necessary measures of the court's own motion or at a parent's request (Art. 183) [M1]. A move abroad is therefore not an automatic loss of custody, but it is a change the court can review, especially because it affects the other parent's personal relations.

What the court usually looks at

• the reason for the move (work, family support, remarriage);
• the child's ties in each country, including language and school;
• whether the contact arrangement can realistically continue across borders;
• travel costs and holiday periods;
• the child's views, depending on age and maturity.

The child's passport and consent

Under the Passport Law, a minor's passport requires an officially certified document containing the consent of the child's legal representative (Law No. 5682, Art. 17/C) [M4]. Since 2019, custody or guardianship decisions given by foreign courts or authorities can be accepted in passport applications made at Turkish missions in the country where the decision was given (Art. 17/E) [M4]. A parent who moves a child without the other parent's consent or a court decision may face the Hague return procedure described next.

9. My child was taken to or from Turkey without my consent: what happens?

Turkey applies the 1980 Hague Convention on the Civil Aspects of International Child Abduction through Law No. 5717 [M2]. The law covers a child under 16 whose habitual residence, immediately before the breach, was in a Convention state, when custody or contact rights actually being exercised were breached by moving or keeping the child in another Convention state (Arts. 2-3) [M2]. It applies to cases arising after 1 August 2000 (Provisional Art. 1) [M2].

Step	Rule in Law No. 5717
Where to apply	The Central Authority of the child's habitual residence, Turkey's Central Authority (Ministry of Justice), or any Convention state's Central Authority (Art. 7/1)
Who files the case in Turkey	The local chief public prosecutor's office, on behalf of the Central Authority (Arts. 4, 7/2)
Documents	No certification is required for documents sent by a Central Authority (Art. 7/3)
Court	The family court where the child lives or is placed under protection (Art. 6)
Settlement first	The court encourages a voluntary return, with experts, before deciding (Art. 8)
Speed	Simple procedure, with priority and urgency; also heard during the judicial recess (Arts. 9, 16)
Custody decisions	A custody decision given after the return application is not a reason to refuse return; a custody case is stayed while the return case is pending (Arts. 13-15)
Appeal	The Central Authority, the applicant or the respondent can appeal (Art. 17/2)
Costs	No court fees; the applicant may obtain legal aid (Arts. 27-28)

Who can apply, and where

The applicant is the person or institution that was actually exercising care or contact rights before the child was moved (Art. 3/b) [M2]. The application can be made in the country the child was taken from; the Central Authorities then communicate with each other, and in Turkey the prosecutor files the case in the family court where the child is.

Can the court refuse to return the child?

The grounds for refusing return come from the Convention itself [M5]:

Convention article	Rule
Art. 12	If less than one year has passed between the wrongful removal and the start of proceedings, return is ordered forthwith; after one year, return is still ordered unless the child is now settled in the new environment
Art. 13(a)	The applicant was not actually exercising custody rights, or consented to or later acquiesced in the removal
Art. 13(b)	Grave risk that return would expose the child to physical or psychological harm or an intolerable situation
Art. 13, second paragraph	The child objects to return and has reached an age and maturity at which the child's views should be taken into account
Art. 20	Return would conflict with the fundamental principles of the requested state on human rights

Because time matters under Article 12, the date of removal and the date the application is made are often the first facts examined in these files.

Measures to stop the child from being moved again

Until the return or contact case ends, the court may order, at a request or of its own motion, one or more of the following: a temporary stop on the child's exit from Turkey, a stop on obtaining or renewing the child's passport, a stop on changing school, neighbourhood or population records, seizure of passports or identity records, and periodic checks on the child (Law No. 5717, Art. 24) [M2]. Our guide to exit bans in Turkey explains how exit stops are applied at the border.

The court can also take interim protective measures for the child during the case, such as placing the child with a relative or a trusted family, after obtaining the child's view and expert reports where necessary (Art. 10), and it can order temporary contact between the applicant and the child (Art. 11/2) [M2].

How a return order is enforced

Return and contact orders are enforced once final (Art. 17) [M2]. Since the 2021 amendments, they are enforced under the Child Protection Law by the judicial support and victim services directorates rather than enforcement offices, without serving a separate delivery order (Arts. 18-19) [M2]. Experts such as psychologists, pedagogues or social workers are present to protect the child (Art. 21), handover can be postponed if an expert finds a serious danger to the child's physical or emotional development (Art. 22), and the child is handed over only in the presence of the applicant or a person or institution the applicant names (Art. 23) [M2]. Hiding the child during enforcement or taking the child again after enforcement leads to sanctions under the Child Protection Law (Art. 25) [M2].

Costs and legal aid

Cases under Law No. 5717 are not subject to court fees; court costs are advanced from public funds but charged to the losing party (Art. 27/1) [M2]. The costs of a lawyer acting for the applicant and the costs of the child's return are not covered by public funds (Art. 27/2), and the applicant may obtain legal aid (Art. 28) [M2].

10. During the divorce case: interim measures for the child

Once a divorce or separation case is filed, the judge takes, of the court's own motion, the interim measures needed during the case, in particular for the care and protection of the children (Civil Code, Art. 169) [M1]. These usually decide where the child lives during the case, the other parent's interim contact and interim child support, and they are governed by Turkish law even when foreign law applies to the divorce (Law No. 5718, Art. 14/4) [M3]. Our guide to divorce in Turkey for foreigners explains how a contested and an uncontested divorce proceed.

11. Custody decided abroad: does it apply in Turkey?

A custody decision made by a foreign court usually needs recognition or enforcement to have effect before Turkish courts and registries. The conditions and the court that hears recognition cases are explained in our guide to recognition of a foreign divorce in Turkey. For passports alone, Turkish missions abroad can accept a custody decision given in their country (Passport Law, Art. 17/E) [M4]. In abduction cases the Hague procedure is separate: a return order does not decide custody (Law No. 5717, Art. 12) [M2].

12. Can custody be changed later?

Custody decisions are not fixed forever. The judge acts when new facts make it necessary (Civil Code, Art. 183), and child protection measures are adapted when circumstances change (Art. 351) [M1].

Situation	Civil Code rule
Custodial parent remarries	Does not by itself require removal of custody; custody can be changed if the child's interests require it (Art. 349)
Custodial parent moves elsewhere	The judge takes the necessary measures (Art. 183)
Contact arrangement not respected	Custody may be changed if not against the child's interests (Art. 324/3)
Child's development in danger	Protective measures, placement, or in serious cases removal of custody (Arts. 346-348)
Reason for removal disappears	Custody can be given back (Art. 351)

13. The child's nationality and two passports

A child born within marriage to a Turkish mother or father is a Turkish citizen (Citizenship Law No. 5901, Art. 7) [M6]. Many children of international marriages therefore hold two nationalities and two passports, which is one reason family courts use the passport and exit measures of Article 24 of Law No. 5717 when a removal risk is raised. Children's nationality in mixed marriages is explained in our guide to marrying a Turkish citizen.

14. Family lawyer in Istanbul, Ankara and across Turkey for custody cases

Custody is decided by the family court hearing the divorce, and Hague return cases by the family court where the child is. Many international families live in İstanbul and consult a divorce and custody lawyer in Istanbul; cases in the capital are followed by a lawyer in Ankara before the Ankara family courts; and a parent living abroad can act through a family lawyer in Turkey under a power of attorney, while the Central Authority and the prosecutor act in Hague return cases.

15. Documents that matter in custody and relocation cases

Document	Why it matters
Birth certificate and all passports of the child	Nationality, travel and exit measures
Proof of the family's habitual residence	Which law applies (Law No. 5718, Art. 14) and Hague jurisdiction
School and health records	The child's ties, needs and stability
Evidence of who cares for the child day to day	Central to the assessment of the child's interests
Existing court decisions (Turkish or foreign)	Custody and contact arrangements in force
Travel records and messages about the move	Consent, acquiescence and the date of removal in Hague cases
Income documents of both parents	Child support (Civil Code, Art. 330)

Sources and References

Legislation

• [M1] Turkish Civil Code No. 4721, Arts. 169, 182, 183, 323-325, 327-331, 335-337, 339, 346-351

• [M2] Law No. 5717 on the Legal Aspects of International Child Abduction, Arts. 2-28, Provisional Art. 1

• [M3] Law No. 5718 on Private International Law and International Civil Procedure, Arts. 14, 19

• [M4] Passport Law No. 5682, Art. 17/C and 17/E

• [M5] Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, Arts. 12, 13, 20; Protocol No. 7 to the European Convention on Human Rights, Art. 5

• [M6] Turkish Citizenship Law No. 5901, Art. 7

Decisions

• [Y1] Court of Cassation, 2nd Civil Chamber, 20 February 2017, E.2016/15771, K.2017/1737 (joint custody, two British nationals)

This article is general information about Turkish law as of 2 October 2026. It is not legal advice and does not assess any individual case.