Law No. 5717 Date: 22/11/2007, the FIRST PART of the Objective, Scope and definitions Purpose article 1-(1) the purpose of this Act; custody as having been infringed another party from one country to another country party taken or retained the child's habitual abode of extradition or the right to use the personal relationship building 25/10/1980 international child abduction in Legal principles to ensure the implementation of the Convention and Of Veçhelerine principles.
The scope of article 2 (1) of this Act, a person or an institution is found to have been deposited for use alone or in combination, and the relocation or retention occurs de facto custody or personal relationship that has been in use just before the establishment of the intrusion into the rights of habitual abode is located in one of the countries party to apply to children.
Definitions article 3-(1) this law passed;
a Ministry of Justice, Central Authorities: b)) applicant: scope of this law before the child, seizure or unchanged where surveillance and protection or personal relationship building has been a de facto right to uses real people with institutions and organizations, c) Children: aged on Custody contacts, d) have not completed as: Child care, supervision and protection of the right to appoint someone with housing, e) Personal relationship building as: the child for a certain period of time the usual abode is taken right from one place to another , f) contract: 25/10/Veçhelerine Of International Child Abduction 1980 Legal Contract, g) Headquarters: the Ministry of Justice, international law and foreign relations General Manager, h) experts: social workers, psychologists and pedagogues, such as members of the profession, ı) Court: refers to the family court,.
The SECOND PART of the Central authorities, the Central Authority will take Measures article 4 – (1) Central Authorities stipulated by the contract obligations by, local Republican via başsavcılıkları.
(2) the central authority on behalf of the child's return or personal relationship in which reference is made to the establishment of administrative and judicial procedures in order to ensure that it is authorized to make.
Article 5 the Central Authority tasks-(1) the Central Authority, through the local Chief Prosecutor;
a return of the child under the contract or personal relationship) to install on subsequent to a reference is to use the right of the child to protection of the interests of the area's identification with law enforcement and other competent authorities to put all necessary measures, including.
b) missed the person himself, the child with the consent of the refund or the achievement of a solution through peace between the parties in order to provide all necessary measures.
c), with the consent of the person who missed out on itself or through a peace solution between the parties is not possible, the child's right to personal relationship will be whether to return or to be given a decision on the use of Court of competent jurisdiction, sue.
Principles of the THIRD PART Provisions duties and powers article 6-(1) arising from the implementation of this Act and the Court is the family court staff jobs. The family court fall within the scope of this law, in places that are not prosecuted and jobs 9/1/2003 and law No. 4787 family courts has also been underlined that the Organization, duties and Jurisdiction Of the Act the provisions of the second paragraph of article 2.
(2) Credit or personal relationship as reference was still seated in the child or taken under protection, according to the 10th item is jurisdiction.
Reference style article 7-(1) the child, custody having been infringed as the unfair change or details are still being held, which suggests the person, institution or organization, in order to ensure the child's return of habitual abode of central authority or Central Authority, or where the parties to the present Convention may apply to the central authority of any other State.
(2) on behalf of the Central Authorities about extradition cases when the local Chief Prosecutor opens.
(3) Davanameye central authorities or with foreign or refers to the documents presented by the person who holds the child is added. Central authorities in the implementation of this law by attestation of documents sent shall not be required.
(4) the establishment of personal relationships the child's return or Court claim is based on the evaluation of all the information it considers necessary, and may ask for documents required.
Article 8 — peace through solution (1) arising from the implementation of this Act and the Court job before entering the merits, taking advantage of the return of the child and of experts encourages through peace. Failure to make peace if you continue to judge the mainly about.
Judging style article 9-(1) the child's return to davaname, along with the Party on the day of the hearing notification.
(2) the application of this Act renders a simple trial all trials and due process is observed primarily see and rush.
Temporary protection measures article 10-(1) the Court, upon request or ex officio the high interest of the child at risk to prevent from falling until the end of the case below the specified temporary measures, when necessary, the child's opinion and may decide to report from the experts by taking over the supervision of field Maintenance and relatives: a) to one of the delivery.
b) maintenance and surveillance on the area next to a trusted family placement.
c) child care and upbringing or similar official or private institutional placements.
d) Official or a private hospital or treatment for children or home education power institutional placements.
The establishment of personal relationships article 11 right to protection of Personal relationship building (-1) or the facility to execute on demand with the request of the judicial and administrative procedures, principles and principles about the child's refund claim.
(2) establishment of personal relations with the child or the child's case until the sequel, the Court refers to the establishment of personal relationship between the child temporarily with the decision.
Custody in the case of return article 12-(1) a decision is issued on the return of the child shall also decide on the velâyete. However, the extradition request was denied to the child in the event of a decision to the right decision can be given custody.
He approached his case returned the decision to effect article 13-(1) the return of the child has been granted after a custody decision, within the framework of the provisions of this law on the grounds of the child's refund request was denied.
The spooler sends the matter of article 14 (1) has been seen during the custody case was a case of return opened is velâyete related to the case.
Based on the separation of article 15 (1) If a custody case with integrated check-in case they were to be seen primarily in the joined cases distinguishing conclude credit case.
Free legal holiday article 16 (1) of this act arising from the implementation and business legal holiday.
(2) the application of this act arising and jobs, 18/6/1927, no. 1086 dated because of the civil procedure code of judicial provisions to extend the duration of the holiday.
Article 17 be finalised the decision-(1) the establishment of the child credit or personal relationship decisions are finalized in are fulfilled.
(2) the decision of establishing personal relationship the child's return and the Central Authorities, the applicant or the respondent has against by the law lodged.
CHAPTER FOUR Decisions Fulfillment fulfillment of the decision article 18-(1) the establishment of personal relationships that the child's return or ilâmlar, 9/6/1932 and dated 2004 numbered execution and Bankruptcy Law of the location of the child in accordance with the provisions related to the enforcement Directorate in the execution and Bankruptcy Law in article 25 without a writ of notification in written form.
(2) in accordance with this law, the decisions of the Chief Prosecutor of the temporary measure, the social services and child protection agency or through other relevant institutions and organizations.
Authorized to the Executive Directorate of the article 19-(1) the establishment of personal relationships that the child's return and ilâmın next to the child during execution is not available or if the person holding it is possible possession immediately ilâmın the absence of fulfillment.
(2) in the case of the Executive Directorate of the request, the person holding the child, the child must show immediately can be found. This places article 40 by force if necessary.
Law enforcement tasks, article 20 (1) hard to use in all law enforcement authorities, upon the application of the Executive Directorate to help him in writing and is obliged to perform the orders.
Protection measures the fulfillment of article 21 (1) Children as all kinds of protection measures to be taken during, to avoid damage to the physical and mental aspects of enforcement and Bankruptcy Act, as stipulated in article 25/b provisions.
Bailiffs allowed the postponement of article 22 (1) İlamın of the child physically and emotionally will leave a heavy growth of danger in the event of a detected by experts, Executive Director of the by, upon request or ex officio the danger in question cease the execution postponed.
Return of the child article 23-(1) the decision on the establishment of Credit or personal relationship with child's execution of delivery but will appoint one person or the apply or in the presence of the authorized institution.
The child is not to be
Article 24-(1) the Court, upon request or ex officio, the establishment of personal credit or relationship to the child's place of relieved operations the following to one of the temporary measures or more can be decided: a) to support piping of output from the child out of the country temporarily.
b renewal of a passport or operations on behalf of Children).
c) boy's school, communes or changing population records or cessation of operations.
d) passport or identity confiscation throughout the duration of the case records.
e) governing the child's appointed time.
f any other measures envisaged for this purpose).
Enforcement article 25-(1) the establishment of the child credit or personal relationship belies the boy during the execution of ilâmların or ilâmın after again exercised with kidnapper who participated in the verbs and communicated made according to this law, measure and those who fail to orders as, enforcement and Bankruptcy Act, the provisions of article 341.
Article 26-the child's expenses (1) next to A family or interested in a special institution or similar formation with money placed in the child's expenses are paid at Government expense. The amount payable will be given by the Court of this decision.
(2) giving rise to the payment unduly interested in related to General Government, pursuant to the provisions against rücû rights reserved.
Article 27 the trial costs-(1) arising from the implementation of this Act and is not subjected to waste things. The costs of prosecuting judge grant. However, the one who loses the case, the expenses of the trial yükletilir.
(2) so far; referring to the name of a lawyer or your counselor's accession doğan expenses with deductions from prosecution arising costs boy's return.
Legal aid article 28 (1) of this Act, in which reference is made in the implementation of legal aid.
FIFTH CHAPTER concluding provisions the provisions of the scope of article 29 (1) the provisions of this law which are not available; 22/11/2001 and Act No. 4721 Turkish Civil Law provisions on family law of 18/6/1927, no. 1086 dated civil procedure law, 9/1/2003 and law No. 4787 family courts has also been underlined that the Organization, duties and Trial Law, 9/6/1932 and dated 2004 numbered execution and Bankruptcy Law, 24/5/1983 and the law on social services and child protection agency numbered 2828 and 3/7/2005 and the provisions of Act No. 5395 child protection law.
PROVISIONAL ARTICLE 1-(1) the provisions of this law 1/8/2000 under this law that occur after the date of the trial and about the jobs.
Enforcement article 30-(1) this Act enters into force on the date of promulgation.
Execution article 31-(1) the provisions of this law, the Council of Ministers.