Özet:

This study examines the facts affecting the cases of return of the child to the mutual home within the framework of the individual application decisions of the Constitutional Court. In this context, the study evaluates the decisions made by the Constitutional Court in the framework of the provisions of the 1980 Convention on the Legal Affairs of the International Child Abduction, showing how the court designs the decisions in the high-benefit criteria axis of the child. According to the court, two main conditions affecting the high interest of the child are whether the child is likely to be a victim of a physical or psychological attack. If the threat to the child is high, the refusal of the return requests does not violate the right to demand respect for the family life. However, such trials must be terminated quickly, the decisions given must be executed. Otherwise, both AIM and AYM conclude that the relevant right is infringed. But the study claims that AYM himself does not comply with the drinks regarding the time of the trial.

Anahtar Kelimeler: