Özet:

The 1980 Convention on Legal Procedures for Child Abduction aims to ensure that a child under the age of 16 is immediately returned to the country in which he is home, or that the right to establish a personal relationship is established, if the child is transferred from one country to another in violation of his or her guardianship rights. The Convention assumes that the place where the superior interest of the child is best observed is the country of his mutad residence. On the other hand, it has also been accepted that the referred assumption may have various exceptions by the provisions set out in more than one article of the Convention. This is the most frequently applied exception among these provisions. The "serious risk exception" provided for in paragraph 13/1-b provides the possibility to refuse the return request to the court in cases where the child is exposed to a physical or psychological danger or otherwise risks to a situation that cannot be dismissed. The biggest problem in the application of the exception is the case where the kidnapping person is a victim of domestic violence. The Contract system, in the present condition, remains insufficient in protecting the victim and therefore the child, causing unfair consequences. This study, in light of foreign doctrine views, aims to address the source of the problem and the consequences it causes, to address the question why the subject requires special interest from today and to include various solutions proposals.

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