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<\/p>\n<\/p>\n
FIRST SECTION
\nPurpose, Scope and Definitions<\/p>\n
Purpose
\nARTICLE 1 \u2013 (1) The purpose of this Law is to regulate the procedures and principles to ensure the implementation of the Convention on the Civil Aspects of International Child Abduction, dated 25\/10\/1980, regarding the return of a child who has been taken or retained from a Party to another Party in violation of the right of custody to the country of his\/her habitual residence or the exercise of the right to establish personal relations.<\/p>\n
Scope
\nARTICLE 2 \u2013 (1) This Law shall apply to children who are entrusted to a person or an institution for use alone or together and who are in one of the Contracting Parties where their habitual residence was immediately before the violation of their rights of custody or personal contact that were actually being used at the time of the displacement or detention.<\/p>\n
Definitions
\nARTICLE 3 \u2013 (1) In this Law;
\na) Central Authority: Ministry of Justice,
\nb) Applicant: Real person, institutions and organizations that actually exercise the right to care, supervision and protection or to establish personal relations with the child before the child is displaced or detained within the scope of this Law,
\nc) Child: Persons who have not yet reached the age of sixteen,
\nd) Right of custody: The right to care, supervision and protection of the child and to determine his\/her residence,
\ne) Right to establish personal relations: The right to have the child taken to a place other than his\/her habitual residence for a certain period of time,
\nf) Convention: Convention on the Legal Aspects of International Child Abduction dated 25\/10\/1980,
\ng) General Directorate: General Directorate of International Law and Foreign Relations of the Ministry of Justice,
\nh) Experts: Professionals such as social workers, psychologists and pedagogues,
\n\u0131) Court: Family court,<\/p>\n
CHAPTER TWO
\nMeasures to be Taken by the Central Authority<\/p>\n
Central Authority
\nARTICLE 4 \u2013 (1) The obligations stipulated by the Convention shall be fulfilled by the Central Authority through the local chief public prosecutor’s offices.
\n(2) The Central Authority shall be authorized to carry out administrative and judicial procedures on behalf of the applicant in order to ensure the return of the child or the establishment of personal contact.<\/p>\n
Duties of the Central Authority
\nARTICLE 5 \u2013 (1) The Central Authority shall, through the local chief public prosecutor’s office;
\na) Take all necessary measures, including assigning law enforcement and other competent authorities to determine the location of the child and to protect his\/her interests, following the submission of an application for the return of the child or the exercise of the right to establish personal contact within the scope of the Convention.
\nb) Ensure that all necessary measures are taken to ensure the return of the child with the consent of the person who abducted him\/her or to ensure that an amicable solution is reached between the parties.
\nc) If the return of the child with the consent of the person who abducted him\/her or if it is not possible to find a solution through amicable means between the parties, the court shall file a lawsuit with the competent court to decide whether the child shall be returned or to exercise the right of personal contact.<\/p>\n
CHAPTER THREE
\nProcedural Provisions<\/p>\n
Duty and Authority
\nARTICLE 6 \u2013 (1) The court competent for the cases and proceedings arising from the implementation of this Law is the family court. In places where there is no family court, the provisions of the second paragraph of Article 2 of the Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts dated 9\/1\/2003 shall apply to the cases and proceedings falling within the scope of this Law.<\/p>\n
(2) The courts of the place where the child currently resides or is under protection pursuant to Article 10 at the time of the application for return or establishment of personal contact are competent.<\/p>\n
Application procedure
\nARTICLE 7 \u2013 (1) A person, institution or organization claiming that the child has been unjustly displaced or detained in violation of the right of custody may apply to the central authority where the child is habitually resident or to the Central Authority or to any other central authority of the state party to the Convention in order to ensure the return of the child.<\/p>\n
(2) Lawsuits regarding the return of the child shall be filed by the local chief public prosecutor on behalf of the Central Authority.<\/p>\n
(3) Documents submitted by the foreign central authority or the applicant or the person who has the child with them shall be attached to the lawsuit. The certification of documents submitted by the central authority shall not be required in the implementation of this Law.<\/p>\n
(4) The court may request the submission of all information and documents deemed necessary to form the basis for the evaluation of the request for the return of the child or the establishment of personal contact.<\/p>\n
Amicable settlement
\nARTICLE 8 \u2013 (1) Before entering into the merits of the lawsuits and proceedings arising from the implementation of this Law, the court shall encourage the return of the child through amicable means by also utilizing experts. If a settlement cannot be reached, the trial will continue and a decision will be made on the merits.<\/p>\n
Trial procedure
\nARTICLE 9 \u2013 (1) The lawsuit regarding the return of the child shall be notified to the parties together with the hearing date.<\/p>\n
(2) All cases and proceedings arising from the implementation of this Law shall be heard with priority and urgency according to the simple trial procedure.<\/p>\n
Temporary protection measures
\nARTICLE 10 \u2013 (1) The court, upon request or ex officio, shall decide on the best interests of the child","protected":false},"excerpt":{"rendered":"
Law Number: 5717 Date of Acceptance: 22\/11\/2007 Official Gazette Published: Date: 4\/12\/2007 Issue: 26720 Date of Publication: Series: 5 Volume: 46 FIRST SECTION Purpose, Scope and Definitions Purpose ARTICLE 1 \u2013 (1) The purpose of this Law is to regulate the procedures and principles to ensure the implementation of the Convention on the Civil Aspects […]<\/p>\n","protected":false},"author":12,"featured_media":3607,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3605","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3605","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=3605"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3605\/revisions"}],"predecessor-version":[{"id":10282,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3605\/revisions\/10282"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/3607"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=3605"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=3605"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=3605"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}