What is the Consent for the Abroad Exit Permit of a Joint Child from Turkey?

What is the Consent for the Exit Permit of a Joint Child from Turkey?

When a child under custody is to travel abroad, certain procedures must be followed. For a child under 18 to obtain an exit permit, they must be traveling with both parents.

If this is not the case, a notarized consent from the parent not accompanying the child is required. The notarized consent document is essentially an authorization from the non-accompanying parent for the child to leave the country.

Without this document, the child cannot be taken abroad. This applies equally to both temporary and joint custody situations.

Can the Custodial Parent Act Freely in Facilitating the Child’s Exit?

Following a divorce or separation decision, the custodial parent can make decisions regarding the child without needing the other parent’s consent.

The custodial parent has the right to decide on the child’s exit permit as they see fit. There are no legal obstacles in Turkish law unless a court orders otherwise. However, the country to which the child is traveling may require certain documents, often including the notarized consent.

Whether this document is needed depends solely on the destination country’s regulations. Some countries do not require such consent, while others will not allow entry without it.

Therefore, it is crucial to check with the consulate or relevant agencies of the destination country before planning the trip to avoid any complications.

Is There an Exit Permit for the Joint Child During Personal Relationship Times?

In cases of divorce or separation, the non-custodial parent is usually granted visitation rights with the child. During these visitation periods, a notarized consent from the custodial parent is required for the child to travel abroad. This consent acts as a type of permission.

The Turkish Court of Appeals has emphasized in its rulings that such trips should not conflict with the child’s best interests, such as interfering with school periods.

Can Legal Action Be Taken If Consent Is Not Given?

As explained above, the custodial parent does not need the consent of the non-custodial parent to take the child abroad. The custodial parent’s right includes the right to travel, which is constitutionally protected.

The Turkish Court of Appeals supports this view. However, despite the court’s decisions, the reality is that some countries require the consent of the non-custodial parent to ensure the child is not being abducted.

If communication between the parents is poor, which is often the case in divorces, the custodial parent may be unable to obtain the necessary consent.

In such cases, the custodial parent can apply to the court to obtain the necessary consent for the child’s exit permit, ensuring that the trip can proceed without issues.

What Documents Are Required for the Exit Permit of a Joint Child?

When a child is traveling abroad, in addition to identity documents, a passport, and a visa, the most important document required is the notarized consent.

If the child is not traveling with both parents, a notarized consent from the non-accompanying parent is necessary. However, if one parent has been granted sole custody, the consent of the other parent is not required.

Some airlines may still request the consent document despite the custody arrangement, in which case a court order stating that the consent is not necessary can be sought.

Can an Exit Ban Be Imposed on a Child Under Custody?

In all matters concerning the child, the primary criterion is the child’s best interests. An exit ban can be imposed if one parent is acting to prevent the other from exercising their rights concerning the child.

However, such a decision must be based on significant and credible evidence, as an exit ban restricts the child’s constitutionally protected right to travel. The ban can only be imposed by a court order, and the court must clearly state the reasons and duration of the ban.

How Can an Exit Ban Be Lifted?

If an exit ban has been imposed, it can be lifted by applying to the court. The custodial parent must prove that they do not intend to abduct the child or interfere with the other parent’s visitation rights.

Additionally, it should be argued that the ban violates the child’s right to travel, as protected by the Constitution and the European Convention on Human Rights. The court will then evaluate the situation and make a decision in line with the child’s best interests.

Can the Custodial Parent Move Abroad?

There are no legal obstacles to the custodial parent relocating abroad with the child. However, if the move is to be permanent, the non-custodial parent’s consent is usually required.

If the non-custodial parent refuses to give consent without a valid reason, the custodial parent can apply to the court to obtain the necessary permission for the move. The court will make a decision based on the child’s best interests.

However, the custodial parent must not hinder the non-custodial parent’s visitation rights. The non-custodial parent may request a reassessment of the custody arrangement based on the change in circumstances.

Can the Abduction of a Child Be Reported?

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, to which Turkey is a party, governs the return of a child who has been wrongfully removed or retained in another country.

If a joint child is taken abroad by the non-custodial parent, it constitutes a violation of custody rights and can be reported to the authorities. The child’s return can then be requested from the country to which they have been taken.

If the custodial parent abducts the child to prevent the non-custodial parent from exercising their visitation rights, a complaint can be filed with the relevant authorities, and the custody arrangement can be re-evaluated by the court.

Can a Joint Child Be Taken Abroad Without the Father’s Consent?

According to the decisions of the Turkish Court of Appeals, the custodial parent can take the child abroad without needing the non-custodial parent’s consent.

Taking the child abroad is a natural consequence of the custody right and does not require additional consent. Similarly, during visitation periods, no consent is needed for international travel according to Turkish law.

However, the consent document is usually required by the destination country, not by Turkish authorities.

Can Legal Action Be Taken If the Exit Permit Is Not Granted?

As explained in detail above, the consent document is not required by Turkish authorities but by the destination country. The Turkish Court of Appeals has ruled that there is no legal benefit in applying to Turkish courts to obtain an exit permit if the consent is not given.

However, if the destination country strictly requires the consent document for the child to enter, and the non-custodial parent refuses to provide it without a valid reason, the custodial parent can apply to the Turkish court.

The court can then intervene and grant permission in place of the non-consenting parent if it determines that the refusal is unreasonable and against the child’s best interests. This court-issued permission can be used in lieu of the notarized consent.

Conclusion:

Navigating the legal requirements for a joint child’s travel, especially when both parents are not traveling together, can be complex and vary depending on the country of destination.

In Turkey, while the custodial parent generally has the right to make decisions regarding the child’s travel, international travel often requires additional documentation such as a notarized consent from the non-custodial parent.

Understanding these requirements and the legal avenues available when there is a dispute between parents is crucial to ensuring the child’s well-being and avoiding unnecessary legal complications. Also, you can always reach out to Bayraktar Attorneys for family law services we provide in Turkey.

Parents planning to travel with their child should carefully check the entry requirements of the destination country well in advance. If there are any disputes or challenges, seeking legal advice and potentially court intervention can provide a resolution that aligns with the child’s best interests.