Period: 21 Legislative Year: 1 Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. The Convention On The Civil Aspects Of International Child Abduction

Original Language Title: Dönem : 21 Yasama Yılı : 1 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. ULUSLARARASI ÇOCUK KAÇIRMANIN HUKUKÎ VEÇHELERİNE DAİR SÖZLEŞMENİN

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Period: 21 Yunder: 1

Warning: The Law you are viewing is considered to be accepted at the General Assembly of the TBMM. It does not contain any later delics if it exists.




Kanun # 4461    Date of Admission: 3.11.1999 

BULLET 1. - In the name of our government, signed in The Hague on 21.1.1998, the 3rd paragraph of Article 26 of the International Children's Law, "Republic of Turkey, court costs, or arson," and the " Does not assume the expense of the child due to expenses that are due to the expense of the child, and is eligible to be subject to approval.

MADE 2. - This will take effect on the release date of the Law.

ARTICLE 3. - The Council of Ministers executes the provisions of this Law.


The United States, which has signed the statement, believes

It is safe to protect the child from the harmful effects of protecting the child in an international space, believing that it is of vital importance for the protection of the child. By encouraging the child to immediately return to the state of mutate in order to secure his immediate return, and to ensure the protection of the right to visit,

For this purpose, a commitment to a commitment has been made, and the provisions of the following are mutabled:


Article 1

The purpose of this promise:

a) to ensure that the children who are transported or received in informal paths to the States are immediately returned;

b) to comply with protection and visit rights in a State and to the right of a visit to the States, effective in the States

Article 2

The States of States take all appropriate measures to ensure that the purposes of the Glossary are true within their country's health. For this purpose, they are obligated to deal with the most speed-free procedures.

Article 3

A child's location or does not return:

a) The state law that contains the mutate residence immediately before the child, location, or returnees, is a violation of the institution, the institution or any other institution, the sole or the right to preserve the right to a protected state. the following; and

b) If this right is to be used or used in a single or non-refundable form or not,

is dedicated to the law.

(a) also the protection of such protection. the right, in particular, from a legal authority, an official or administrative decision, or the law of this State. It may be from an understanding that is in effect.

Article 4

Just before the violation of the rights, protection and visito rights, the mutate residence applies to children in one of the states. The implementation of the pledge ends when the child is 16.

Article 5

In a statement:

a) the "Protection of Protection" child is entitled to the care of the child and specifically the identification of the place of residence.

b) The "Visiting Truth" child is about to be taken away from the mutate residence for a period of time, for a time. It's a possibility.


Article 6

Each Party State appoints a centralised authority to replace the commitments that are made by the State to itself.

A Federal State has a state or autonomous territorial units in which more than one legal system is in effect. The state is free from the transfer of powers of each and every one of the authorities to the territory of each of the authorities. The State, which takes advantage of this authority, will appoint the competent central authorities to provide for the centralisation of the central office within the state of the State.

Article 7

The central authorities are required to make an emergency of their search, and to ensure the immediate return of their children, and to make sure that they are in order to make the intended purpose of the company.

In particular, the presence of a child who is either directly involved with the help of the right, needed, through the aid of the appliance,


b) prevent any new hazards or related parties for the child to avoid harmful interference, By taking or receiving temporary measures;

c) by requesting the child to facilitate the return or amicable solution;

d) If the benefit is seen, the theme of the child's social status;

e) provides an overview of the rights of the United States;

f) Returned the child And, if necessary, on the way of using the visit to the facility, the name and the administration of the administration, or

g), including the inclusion of a lawyer, to provide legal or legal assistance, or to facilitate it;

h) in the public domain, necessary and appropriate, to ensure the child's threat of danger,

i) Notifying each other in terms of their implementation and implementing, probably, they must take all appropriate precautions for the



Article 8

If any child, institution or organization, whose location has been compromised or taken in violation of the right to protection, is required to help the child to return to the central authorities to help the child return to the central authorities, the agency or the organization said. a president may refer to the state central authority.


a) Information about the identity of the claim, which claims to have taken the child and child, or the identity of the person who claimed to have taken care of it;

b) If it is possible,Talepc) the claim was based on the decision to request the child to return. esaslarýd) All current information about where the child is found and the default of the child being together;

It is necessary to request a request.


e) An example of whether or not to decide either:

f) Deletion of about the subject matter, the central authorities, or the state of the mutate residence. a mutate document or an approved statement from a competent authority or a public official;

g) All of the useful documents aregereklidirSupplement or reinforcing with those documents.

Article 9

8. According to the article, the central authority, in which the child is found in a different state, makes the request, directly and promptly, to the central authorities of the state, and to the central authorities of the state of the state, or in the case of the government. He'll give information to him.

Article 10

The central authorities of the state-of-the-child state will take or receive all measures on the path to the delivery of the child willingly.

Article 11

All Party States and administrative authorities are obligations to ensure that their child return is at the most recent time,

if the current or administrative office does not decide within 6 weeks of the course of the decision, the request will not be made Or the government's central authority may request a document about the reasons for the delay in its own. If the request comes to the central office of the demanded state, it is necessary to make the answer to the central authority of the state or the central authorities of the state, or to the owner of the state.

Article 12

A child, 3. in terms of provision of the law or child, if less than a year has passed before the state or administration of the state, where the state of the state of the state or office is not in place, or if the state of the country is in place. The current authority orders the child to return immediately.

If even after the end of a year period stipulated in the above, the official or administrative authorities must order the child to return, enough, No need to find out about the child's new surroundings.

Claim The state or administration of the state believes that the child has been taken to a state, and he may deny the case or refuse the child's return.

Article 13

The current or administrative office of the state of the state, where the provisions of the article are referred to, the institution, institution or organization that appeals to the return:

a) The part of the child ' s care in the care of the child is whether the institution or organisation has not been able to effectively meet or place protection in place of location or retention period, or if it has failed to take place. to order the child to return if there is a serious risk that the return of theçocuðub) return to physical or psychological danger, or in a way that cannot be tolerated, if the return of theçocuðub) return is subject to physical or psychological danger.

A child, a child, or a child, is required to return. He may refuse to order the return, if he sees that he does not want to be considered, and if the fact that it is possible to keep in mind, he may refuse to order it back.

In the deportation of the people involved in this material, you may have the authority or authority of the child. The information of the social situation, the central authorities or the child's mutate residence is required to keep in mind the information provided by any other competent authorities.

Article 14

The name of the state or administration of the state of the state of the request, 3. to determine the presence of the law within the framework of the matter, or to determine the presence of the return of the child, the law and the decision of the child in the state of the mutate residence or the decision of the law, the evidence of this law, or the applicable foreigner. The recognition of decisions may be made in particular in the specific ways that it is known.

Article 15

Party's name or administration's office, before ordering the child's return, or whether or not to return or return to the party's third party. In the measure of a decision or the possibility that the document's employment may not be sold in this State, they may ask for a decision or the possibility of the employment of the document to the extent of the application of the child's residence. The central authorities of the Party States will help the future owner of the possibilities for the sale of such a decision or document.

Article 16

A child's 3. Whether or not the child has been removed or returned to the law within the framework of the article, the state or administration of the state or administration of the state, the state of which the child should be returned, is the current state of the country's return to the They cannot decide on the basis of protection until it is determined that it does not come together, or until a reasonable amount of time is passed without a request to be notified.

Article 17

The state of the country that has been granted or may not be granted the right to be sent back under the provisions of this state, does not justify the refusal of the child to be sent back within the framework of the provisions of the country, but the state or administration of the state, which is the subject of the claim, is not a right of they may be able to account for the reasons that the decision is made into the implementation area of the decision.

Article 18

The provisions of this section do not rule out the right to order any time for the return of the child or administration to return.

Article 19

In the framework of the promise, a decision to return the child does not affect the fundamental right of protection.

Article 20

Child, 12. When the provisions of the matter are returned to the warning, the state of the claim is not permitted by the protection of the human rights and the principles of the basic freedoms of the state.


A request for a visit to the facility or protection may be done in the same way as a party to the central office of a state, with a claim aimed at the return of the child.

The central authorities are free to use and maintain the right to visit. 7, to replace all of the people who are likely to be used, and to be able to raise the possibility of possible obstacles to the right to visit.

The central authorities may use a legal process to help organize the right to visit or to protect the right to visit or otherwise, or may or may not otherwise be able to use the They might be able to talk


Article 22

In the framework of the aforementioned legal and administrative cases, no bail and no deposit can be requested to guarantee the payment of general costs and court costs, regardless of the name of the law.

Article 23

In the framework of the word, no tasteful or similar formality is required.

Article 24

All demand, writing, and other documents are submitted in their original language to the state-central office where the request is made, and if any translation or translation of the state ' s official language or languages is difficult, Francizca or An English translation is added.

With this, Party is a State, 42. The request, to be sent to the central authorities, in terms of demand, documents and other documents that will be sent to the central authorities may result in the use of English, Francizca said.

Article 25

The citizens of a State of the State and the people who reside in this State of the State, are the same as a State citizen, as well as a state citizen, if they are resident of the mutaden, in all matters related to the implementation of the pledge. They are entitled to legal and legal justice.

Article 26

Each of the central authorities will have their own expense when implementing the statement.

The central authorities of the States and other public services do not want any expense related to the vaki demands within the framework of the implementation of the pledge. In particular, they can't afford the expense, the cost of litigation, or the cost of an attorney in the office to take on the case. However, they may want to pay for the costs of creating or creating the child's return.

With this, the Party is a State, 42. to pay for the expense of a lawyer or law attorney or to pay for litigation costs, to the extent required by their own legal and legal system, by specifying the material forecasted in the material. seyahat, if the official or administrative office is deciding on the return of the child or deciding on the visit within the framework of the statement, all expenses of the claim, in particular, the travel of demand, are required. expenses, ad-term and child's expenses and children's expenses and expenses. All expenses for the location of the location may upload to the child, or may be able to download it, which prevents the use of the visit or the right to visit.

Article 27

If the statement is not fulfilled or if the claim is not right, the central authority is not obliged to accept such a claim. In this case, it informs the central office, which has requested red reasons, or has forwarded the request to itself in its interest.

Article 28

The central authority may request the inclusion of a written representative authorisation to appoint a representative who has been authorized to act or act on behalf of the claim, requesting it.

Article 29

About the commitment, protection, or visit, 3. Or 21. The company, which suggests that it is violated according to the provisions of the institution or organisation, does not prevent or without the provisions of the term, does not interfere with the freedom of conduct of the States or the administration of the States.

Article 30

The central article or any document or information provided by the government or administrative authorities under the name of a government or administrative authorities, or any other document and information provided by a central office, or the courts or administration of the States. It's about the authorities.

Article 31

From a State that has two or a few legal systems that can be applied in different territorial units regarding protection of children:

a) This is the state of the state in a territorial unit of the state, from which the mutation is understood to be a mutation in the state.

b) The law of the soil unit, where the child has a mutate residence, is understood to be attributed to the law of the State of Mutate.

Article 32

In terms of protection of children, a legal system determined by this State law is understood from a State of the State that has introduced two or more legal systems that can be applied to the categories of people that are laid out.

Article 33

If a State of Chechen territories has its own rule of law regarding protection of children, the legal system does not have to implement a state in which it is required to implement a state of law.

Article 34

In addition to the two words, the two promises are the priority of the issues that enter the field of practice, according to the "October 5th 1961 word on the protection of the minors and the law to be applied." A government and a state of international document, including a state and a state of demand for the return of the child who has been told to return to the law or to organize the return or visit of the child who has been placed in his office, has been requested. It does not prevent the state from being pushed forward by a law.

Article 35

In the case of the United States, the word is applied only to avoid the escape or law that occurred in the United States after the entry in the States.

39th and 40. If a statement is made in an alert, then the entity in the above section refers to the entity, the territory unit, or units, of the application of the promise.

Article 36

The promise is that two or more Party States will prevent the child from being counted on the destruction of material that may result in such actions to prevent the child from being able to return the child. doesn't.


Article 37

The statement will open the Member States to the 14th meeting of The Hague International Legal Conference.

Approve, agree or approve the commitment, and approve, accept, or certify documents from the Dutch Ministry of the Netherlands. It's a big deal.

Article 38

Each other State can be folded.

The folding document is placed in the Ministry of the Dutch Kingdom.

For the State of the fold, the first day of the third month after the registration of the folding document will be effective. The slaughter only applies to the relations between the United States and the States, who declare that it has agreed to this fold. Such statements must also be made by the member States, who approve, approve, accept, or approve of the contribution. The statement is expressed in the Ministry of the Netherlands. The Dutch Ministry of Kings, a sanctioned example, sends a diplomatic route to each of the States.

The third month after the statement of acceptance, in the State of the State, which declared that it agreed with the folded State, would be the third time. It's the first day of the day.

Article 39

In the event of signature, approval, acceptance, approval, or folding, the states can represent either all or a few of the territory that is represented in the international area of the word. The statement is effective for this State, effective immediately.

Statement and Meteor are provided to the Ministry of the Netherlands.

Article 40

A Party of State, signature, approval, acceptance, cervip, or party with two or more territorial units applied to the topics that are edited by this statement, declare that the entity applies to all ground units or just one or more of the other territory. It can, at any time, be able to describe this statement by making a new statement.

These statements are expressed in the Ministry of the Netherlands, and the applicable territorial units of the word are indicated in the palace.

Article 41

If the party has a government system that is shared by a State, executive, national and legislative systems within the center and outside authorities of this State, the signature, approval, acceptance or depiction of the promise or commitment or commitment of the 40. The statement made by the article does not yield any results from the public's share of internal authority.

Article 42

Party States, enlate, approval, acceptance, depiction or folding moment, or 39. And 40. In the moment of declaration, Article 24, Article 26, article 3. They can put either one or both of the reservations projected in the plug. It is not accepted by any means.

Party States may withdraw the reservations at any time. The withdrawal may be made available to the Ministry of the Netherlands.

It will lose the first day of the third month after the theme mentioned in the above flap.

Article 43

Glossary, 37, and 38. The first day of the third month after the tevdiation of the third approval, acceptance, approval or folding document, stipulate in items, is the first day of the third month.

The statement is.1. The first day of the third month of approval, acceptance, approval, or the third month after the tevdior of the court document that confirms, accepts, approve, or contribute to the United States;

2. Your word, 39. And 40. The first day of the third month of the third month after the stipulate material in such items,

is the first day of the third month after the stipulate material, for the territories or territorial units that are not subject to the items.

Article 44

Pseudo, 43. Matter, 1. from the date of the current date, the beginning of the current date, which is later approved, accepted, or certified or folded.

The word is refreshed except for the annulment of the annualized year.

Fesih, beşer, year At least six months before the end of the term, the Dutch Ministry of the Kingdom of the United States is being held. The annulment may be left with some of the territory or territorial units of the country's territory.

Fesih is only applicable to the State of the Monopoly. The other side remains in effect for the States.

Article 45

The Dutch Ministry of Foreign Affairs, Conference Member States and the 38th states that have been folded into the provisions of the article:

1. 37. the stipulate, signature, approval, acceptance and cervix in the material;

2. 38. The following are the projected contributions in the item

3. It's 43. the dates of which the provisions are effective and the provisions of the article;

4. 39. The contact forecasted on the item

5. 38 and 40. statements that are contained in items;

6. 24. And 26. 3. The reservations predicted in the flux, and the 42. pull back to the projected pull of the item;

7. 44. fesihleriThis is the result of the statement.

We have signed a statement.FransýzcaIn The Hague, October 25, 1980, both text and English are required to apply in accordance with the following. The Dutch Government will be handed over to the United States as a single, approved example of the diplomatic route to The Hague International Law Conference, the Council of the Fourth Meeting of the International Law of the International Law.