Child custody in Turkey
What matters in your custody case?
Select your request and where the other parent lives. The documents and evidence that matter most are listed.
The court decides in the child's best interests; no outcome is promised.
Child custody in Turkey: criteria, contact, travel and modification
Child custody in Turkey, including cases involving foreign parents, is decided by the family court according to the best interests of the child; a parent's financial situation alone is not decisive. The court usually obtains a social worker's or psychologist's report and hears a child capable of forming views. Contact is arranged for the parent who does not receive custody, and custody can be modified if circumstances change. Taking a child abroad without the other parent's consent or a court's permission has serious legal consequences.
What does the court consider in child custody in Turkey?
- Best interests of the child: age, emotional needs, education, health and continuity of the child's environment
- The child's views: a child capable of forming views is heard, often with a pedagogue or psychologist
- Social inquiry report: the court regularly obtains a social worker's or psychologist's report
- Preserving the bond with the other parent: whether a parent supports the child's relationship with the other parent is assessed
- Nationality: being a foreigner is not in itself a reason against a parent; what matters is the child's daily life
There is no fixed rule on which parent receives custody. A parent who obstructs contact with the other parent may be assessed unfavourably. The applicable law is determined under MÖHUK Arts. 14 and 17; in decisions about children, Turkish courts always consider the best interests of the child.
Joint custody after divorce
The Turkish Civil Code provides that custody is, as a rule, given to one spouse on divorce (Art. 182). In the practice of the Court of Cassation, however, joint custody is increasingly allowed where the parents agree and it is in the child's interest. Joint custody orders issued by foreign courts can also take effect in Turkey through recognition. In an uncontested divorce, custody must be set out clearly in the protocol.
Contact with the other parent
For the parent without custody, a plan covering weekends, public holidays, school holidays and, where needed, video calls is set. If the other parent lives outside Turkey, the court adapts the plan to distance and travel costs; longer holiday periods may be preferred to weekly visits.
Custody and taking the child abroad
Taking a child abroad without the other parent's consent or a court order can lead to a change of custody and other legal measures. Türkiye is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, implemented by Law No. 5717, with the Ministry of Justice as central authority. Return proceedings can be started for a wrongfully removed child.
- Holiday trip: the other parent's notarised consent
- Permanent relocation: agreement or court permission
- If there is a dispute: ask the court for a decision before travelling
Modifying custody
A custody decision is not final and unchangeable. If circumstances change, such as relocation, contact violations or situations threatening the child's safety, the family court can be asked to modify custody (Civil Code Art. 183). What matters is that the change is proven with evidence.
Document the change
Messages, school and health records, witnesses.
Apply to the family court
Usually the court of the child's domicile is competent.
Report and hearing
Social inquiry report and hearing of the child and the parents.
Decision
The court can rearrange custody, contact and child maintenance.
Documents needed in a custody case
- Child's birth certificate and ID or passport
- Documents on the child's domicile, school and doctor
- Parents' income documents and working hours
- Records showing contact and care arrangements
- For travel: the other parent's notarised consent or a court order
- Foreign documents: with apostille and sworn Turkish translation
For cases followed from abroad, see power of attorney from abroad.
Questions about child custody in Turkey
Is the child heard in court?
Yes. A child capable of forming views is heard, often with a pedagogue or psychologist.
Who usually gets custody in Turkey?
There is no fixed rule; the court decides according to the child's best interests and the social inquiry report.
Is joint custody possible?
In the practice of the Court of Cassation, yes, especially where the parents agree and it is in the child's interest.
Can I travel abroad with my child?
With the other parent's notarised consent or a court order. For a child taken without permission, return proceedings under the Hague Convention can be started.
Can a custody decision be changed?
Yes. If circumstances change, a case to modify custody can be filed at the family court.
This guide is based on the official legislation of the Republic of Türkiye and was last updated on .
This page provides general information and is not a substitute for legal advice on a specific case. No particular outcome of any application or proceeding is promised.
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