Foreign Custody Judgment
Recognition and Enforcement of Foreign Judgments
Private International Law / Recognition and Enforcement
Prepared by: Constantinople
Which Judgment Must First Be Identified?
The same judgment may regulate parental responsibility, where the child will live, contact, travel or protective measures. The provision to be used in Türkiye is clarified. The child's age, habitual residence and the deciding authority's jurisdiction are checked at the outset. The word 'custody' in the judgment's title does not establish that every provision follows the same procedure.
When Does the 1996 Hague Convention Matter?
Where the Convention applies to the countries, dates and subject matter concerned, special recognition and enforcement rules govern child protection measures. The Convention provides for automatic recognition of measures within its scope; where compulsory implementation is needed, a declaration of enforceability or registration may be required. It therefore cannot be said that every foreign custody judgment necessarily requires the same general enforcement proceedings. Domestic law and other rules are examined in situations outside the Convention.
How Are Child Protection and the Right to Be Heard Assessed?
The opportunity for the child and parent to be heard, the deciding authority's jurisdictional connection, subsequent measures and public policy assessed in light of the child's best interests may matter. Recognition of a foreign judgment does not mean retrying the entire custody dispute in Türkiye. If modification is sought because of new circumstances, jurisdiction is determined separately; disagreement with the existing judgment alone does not prevent recognition.
Do Not Confuse This with Child Return
The return process under the 1980 Hague Convention concerning alleged wrongful removal or retention does not determine which parent receives final custody. A foreign custody judgment, a return application and urgent protection may be connected, but their purposes and procedures differ. A complete copy of the judgment, subsequent decisions, service records and documents showing the child's centre of life should be prepared together.