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The Turkish Grand National Assembly Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. Legal Aspects Of International Child Abduction And Covered By Law

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. ULUSLARARASI ÇOCUK KAÇIRMANIN HUKUKÎ YÖN VE KAPSAMINA DAİR KANUN

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TURKISH GRAND MULLET

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.


 

 

KIDNAPPING INTERNATIONAL CHILDREN

DIRECTION AND SCOPE OF THE LAW

 

Kanun No. 5717

 

Acceptable Date: 22/11/2007      

 

 

SECTION OF THE REGION SECTION

Purpose, Scope, and Tantas

Purpose

ARTICLE 1- (1) The purpose of this Law is to be violated by violation of the right to the The entity of the International Children of Nations, dated 25/10/1980, for the use of the country to return to or to the country where the child has been taken from one country to another, or to the country where the child has been taken from the country. The public and the essential for the implementation of the promise edit.

Scope

MADDE 2- (1) This Law is the sole or sole supervisor of a person or organization. to be used together, or from any of the party countries that are being used for the use of it, or to be used in the process of meeting or taking part, but not from the countries that are responsible for the right of the right or province to be used in the process of being used together. Apply to children found in one.

Tents

MADDE 3- (1) Last in this Law;

a) Central Makam: Justice Department,

b) Owner: care, surveillance, and maintenance before the child is diagnosed or taken in the scope of this Law Organizations and installations with actual people who are using the actual right to protect or engage with the right to install,

c) Child: The completion of the 16-year-old key,

d) Right: the right to transfer care, surveillance and protection of the child to the country,

The right to establish a statement from

is that the child has been taken to a place where there is a certain amount of time in which the child has been found in the neighborhood. about

f) Glossary: The International Children of International Children dated 25/10/1980,

to Address Legal (s) of the Legally Owned,

g) General Directorate of Justice, General Directorate of International Law and Foreign Affairs,

h) Experts: Social work, psychologist, and pedagogue professions,

) Court: Family court,

refers to.

 

REGION OF A REGION

Decentralized Measures

Central Makam

MADDE 4- (1) The obligations stipulated by the Central Mine It is replaced by the neighborhood Republican government prosecutors.

(2) The central Makam is in charge of the return of the child, or to ensure the establishment of the country, He is authorized to perform the following actions.

Central Macken tasks

MADDE 5- (1) Central Makam, the neighborhood Republican prosecutor's office to

a) address the use of the child in the scope of the statement or use of the state's right to be installed It takes all necessary measures to protect its interests and the protection of its interests, including the appointment of the law and other authorities to protect its interests with the detection of the place of the following.

b) The return of the child to the restitution of his escape, or to a solution by way of peace between us. All necessary measures are being taken to ensure that they are delivered.

c) The return of the child to the current of the escape, or the return of a solution to the parties through the sulh If it is not found, the authority will sue the court for a decision on whether to return the child or to use the right to be involved in the state of the city.

THIRD PART

Usûl Provisions

Task and entitlement

MADDE 6- (1) The litigation and business services that apply to this Law Court is the family court. In places where there is no family court, the cases and cases of the Law of the Family of 4787, dated 9/1/2003 and the second receipt of the Law of the Law of the Law of 4787, are the second provisions of the Law.

(2) The child is still sitting or is not in the 10th article about whether or not to install an Israeli or military relationship. The courts are authorized to protect them.

Start-of-case

MADDE 7- (1) The child is entitled to the right of the country to be violated. The central office or the central desk, or any other government entity that is part of the program or the Central Article, to ensure the return of the child, whether or not he has been selected or taken, to return to the child's return, the institution or the institution that has suggested it is not. It can hit the authorities.

(2) Cases about the return of the child, The central public office of the central Makam is opened when the state of the Republic is under way.

(3) An invitation to an invitation from a foreign-central office or a person who was involved in the attack or the child The documents that are shipped are added. Documents sent by the central office in the implementation of this Law are not searched.

(4) The court is required to ensure that the child's extradition or the state of the establishment is to be deformed. He can ask for all information and documents that are available.

Solution through the Sulh

ARTICLE 8- (1) The court is involved in litigation and business from the implementation of this Law. Before entering the foundation, the return of the child will also benefit from the experts, and they will be able to use the water to increase their lives. In case of a lack of water, the decision is made on the basis of continuing to the judiciary.

Usefulusûlü

ARTICLE 9- (1) Davaname for the return of the child, along with the day of trial You'll be on the side of the side.

(2) Any litigation and business that applies to the implementation of this Code is first and foremost in a hurry.

Temporary protection measures

ARTICLE 10- (1) Court, on demand, or if you are a child To prevent the benefit of the benefit, a decision may be made by the end of the trial by receiving reports from the child's vision and experts, as needed:

a) Delivery to one of the relatives who took care of the care and custody.

b) Do not place a trusted family in the care and custody of the family.

c) Do not place children's care and ability or similar formal or private institutions.

d) Do not place an official or private hospital or treatment home or access to the institutions of the children.

Do not install the softwareÞahsî

MADDE 11- (1) Protection of the state or request of the facility to be executed on this demand, and the administrative and administrative action of the child in the request of the return of the child.

(2) Until the return of the child or the child of the child, until the cause of the trial, the court is in the process of prosecuting the case. A temporary agency decision is to be established between the child and the child.

The case in the eade case

ARTICLE 12- (1) In this provision, a decision on the return of the child is made. No decision is made in the first place. However, if the rejection of the child's extradition is decided, a decision on the right to custody may be made.

Impact of the return trial on the return case

MADDE 13- (1) Given after the return of the child was issued a decision not to cause a denial of child's extradition within the framework of the provisions of this Law.

What is a request for a request

MADDE 14- (1) A case of custody in an extradition case that is being seen And if it's clear, the case is pending.

Do not leave cases

MADDE 15- (1) If the case for an Israeli case is a case of one The individual cases are filed with the result of a return case and the result of a return case.

Adlical vacation

MADDE 16- (1) The litigation and business name that is not applicable to this Law is also seen on vacation.

(2) Legal Legal Reasoning, dated 18/6/1927, and in case of the implementation of this Law. No provisions for extending the term due to the legal holiday due to the law are not applicable.

Commit a decision

MADDE 17- (1) The return of the child or the institution of the state Decisions are made when decisions are committed.

(2) Central Makam, which is located in or out of the country's decision to make the return and state of the child's restitution It can be done by the defendant on the way to the law.

FOURTH PART

Substituting Decisions

Resetting the decision

ARTICLE 18- (1) For the return of the child or to the establishment of the state The provinces, dated 9/6/1932 and the relevant provisions of the British Code of Britain and the United States, are replaced without the use of an executive order in the 25th Amendment of the Islamic and Islamic Law, as the executive director of the Law on the Law of the United States.

(2) The temporary measures taken by this Law are determined by the Republic of the Republic, Social Services and Children It is fulfilled by means of the Esirgeme Authority or related agencies and installations.

Authorization for the director of the British office

MADDE 19- (1) The return of the child and the institution for the establishment of the state If there is no doubt or immediate fulfillment of the child, it is not possible to place the child on fire at the time of the break, or if it is not possible to place the child immediately.

(2) If requested by the executive director of the child, immediately show the place where children can be found. It has to. These places are forced to open when needed.

Tasks of law enforcement

MADDE 20- (1) All law enforcement enforcement is performing in a difficult time. It is obligated to help him with his/her orders and to carry out her orders.

Preservation of protection measures

MADDE 21- (1) Any protection measures that will be taken on child The provisions stipulate in Article 25 /b of the Law of Israel and Israel are applied to prevent physical and mental health damage.

Defering the business

ARTICLE 22- (1) The physical and physical health of the child. if the expert is identified by the expert, the executive director is deferred until the hazard is determined by the executive director, on demand, or until you have eliminated the danger.

Return child

MADRID 23- (1) The execution of a resolution of an Israeli or province-based decision The delivery of the child is fulfilled only in the presence of a person who is present or appointed, or by the authority of the institution.

Not to include the child's location

ARTICLE 24- (1) The court, on demand, or the return of you, or the official One or more of the following temporary measures may be decided to follow up for the child's location until the process of its installation results in the process:

a) The temporary halt of the child ' s home country.

b) Stopping or renewting passports to children.

c) Stopping or detoting children's school, whistleblower or population records.

d) Passport or ID records are being confiscated for the duration of the trial.

e) Control of the child by authorized authorities in the appointed time period.

f) Any other measures that are foreseen by this macro.

Do notYaptýrým

MADDE 25- (1) For the return of the child or to the establishment of the state The provisions of Article 341 of the Code of Israel and of the Islamic State of Israel, the people who hide the child in the process of hiding or who flee again after the execution of the provinces, and those who do not comply with the laws, measures and orders made by this Law. is applied.

Child expenses

MADDE 26- (1) A family side or money is a private institution or similar The child's expenses are paid to the state of the state. This sum to be paid is determined by a decision that will be given to the court.

 (2) It is concerned that the state of interest in the rights to be paid to the ground has been granted the right to the right of general provisions.

Help costs

MADDE 27- (1) The litigation and proceedings that apply to this Law are not valid. It isn't. The cost of the benefit is to be fired. However, the cost of the competition is uploaded to the loss of the case.

(2) until the expense of a lawyer or counselor at the time of the visit, and the return of the child Charges will not be prosecuted due to the charges that are due to the charges.

Addr help

MADDE 28- (1) The name of the person who is involved in the implementation of this Law It can take advantage of the help.

DIVISION OF THE FEBRUARY

Recent Provitions

Usûl provisions

ARTICLE 29- (1) In the case of which there is no provision in this Law; dated 22/11/2001 and the provisions of the Code of Law on Law of Law, dated 18/6/1927 and the Code of Law of Law of 4787, dated 9/1/2003 and the Law on the Law of the Law of the Family of 4787, dated 9/6/1927, and the Law of the Law of the Union of Turkish Civilization, dated 9/1/1927. dated and dated 2004 and the Law of Dignity and Dignity, 24/5/1983 The provisions of the Child Protection Law, dated and dated 2828, are dated to the Social Services and Child Welfare Institution Act of 3/7/2005 and 5395.

INVALIDATE ARTICLE 1- (1) The provisions of this Law no later than 1/8/2000 It is also applied to the case and the rights of this Law.

Effective

ARTICLE 30- (1) This is effective on the release date of the Law.

Execution

MADDE 31- (1) The Council of Ministers executes the provisions of this Law.