Law & Consultancy Family Law Practice mainly includes the following areas:
-Divorce and Separation
-Children and Parenting
-Pre and/or Post nuptial agreements
International Family Law:
We have worked on many matters involving Turkey, including:
-Recognition and enforcement
-International child abductions to and/or from Turkey, Hague Convention
-Divorce cases with a Turkish connection
-Child custody issues with a Turkish connection
There has been
insufficient training of judges and lawyers concerning the Hague Convention.
The U.S. Department of State issues annual compliance reports to Congress as to
the compliance of Hague treaty partners with the terms of the Convention. Such
reports are extremely conservative in their views but it is remarkable that
Turkey has perennially been sharply and negatively criticized by the United
States Department of State for its misconduct in failing to return children
abducted to Turkey from the USA to Turkey. They establish that the Turkish
courts have failed to return abducted children and in many other cases have
failed to do so until many years have elapsed.
Sample Cases before ECHR:
The European Court of Human Rights (the "ECHR") has ruled on at least two seperate occasions that Turkey has violated the human rights of left-behind parents by failing to return children who were abducted to Turkey.
On March 5, 2012 the ECHR rendered a ruling in that Turkey had violated its obligations to a father residing in the United States whose Turkish wife took their daughter for a visit to Turkey in 2007 and failed and refused to bring her back. In plain violation of the Hague Convention the Turkish courts had made a best interests ruling in the father’s Hague case. At first instance and on appeal they had held that it was best for the child to stay in Turkey. The ECHR ruled that Turkey had thereby violated the treaty.
In another case the ECHR ruled that Turkey violated the rights of a left-behind Icelandic mother to have access to her children in Turkey. The mother had travelled to Turkey from Iceland on more than 100 separate occasions to try to see her children but these efforts had been entirely unsuccessful because the father had hidden the children each time and the Turkish authorities had failed to take any meaningful measures to assist her. Again the result was merely a fine.
Please do not hesitate to contact us for further information as to how we can assist with matters involving Turkey.