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INTERNATIONAL CHILD ABDUCTION IN TURKISH LAW AND ITS PRACTICE
2015
Journal:  
Public and Private International Law Bulletin
Author:  
Abstract:

Turkey has been a party to the Convention on the Civil Aspects of International Child Abductions since 2000. The Convention on the Civil Aspects of International Child Abductions is in compliance with the UN Convention on the Rights of the Child. The aim of the Convention is to ensure the return of the children who have been displaced unlawfully, to the state in which they are habitually residing. The purpose of the Convention is based on the principle of “the best interest of the child” in the UN Convention on the Rights of the Child for every concrete event. According to the decisions taken by the judicial or administrative authorities at the place where the habitual residence is located, taking the child from the custody holder to another state is the kidnapping of the child in respect of the Convention. Convention is a legal aid contract in terms of the provisions contained in the contract and the procedure prescribed. There are central authorities in every contracting state for the implementation of the contract. Turkey has appointed the Ministry of Justice Directorate General for International Law and Foreign Relations as the central authority. The Ministry fulfills this task with the help of the Chief Public Prosecutors Office. In every case, family courts must decide whether or not to accept the return of the child according to the best interest of child.

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Public and Private International Law Bulletin

Field :   Hukuk

Journal Type :   Uluslararası

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Article : 329
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Public and Private International Law Bulletin