Divorce in Turkey from a Turkish Spouse: Custody and Travel

Many foreigners who married a Turkish citizen are living in Türkiye (Turkey) when the relationship ends. A divorce in Turkey from a Turkish spouse raises three questions at once: which court can decide, which country's law applies, and what happens to the children, including whether either parent may take them abroad. The answers below are based on the Turkish Civil Code, the Law on Private International and Procedural Law and the Turkish law implementing the 1980 Hague Child Abduction Convention.

Which court can hear your divorce?

The international jurisdiction of Turkish courts follows the domestic venue rules (MÖHUK art. 40). For divorce, the competent court is the family court (aile mahkemesi) where either spouse is domiciled, or where the spouses lived together for the last six months before the case (Turkish Civil Code, Türk Medeni Kanunu, art. 168). So if you or your spouse lives in Türkiye, a Turkish family court can hear the case, whatever your nationality.

A Turkish citizen can also be divorced by a foreign court, for example in your home country. That decision must later be recognised or registered in Türkiye before Turkish records change. Where no foreign court has been or can be seised, MÖHUK art. 41 gives Turkish nationals a fallback venue in Türkiye, ultimately the courts of Ankara, İstanbul or İzmir.

Which law applies to divorce and custody?

Under MÖHUK art. 14, the spouses' common national law applies; if they have different nationalities, the law of their common habitual residence; if there is none, Turkish law. The same law governs maintenance between former spouses and custody in the divorce (art. 14/2–3), while interim measures during the case are always decided under Turkish law (art. 14/4).

Under Turkish law a divorce is either agreed or contested. An agreed divorce requires a marriage of at least one year and a joint application or acceptance of the other's claim; the judge must hear both spouses in person and approve the arrangements on finances and children (art. 166/3). Otherwise, the spouse filing must prove a ground for divorce, most often irretrievable breakdown of the marriage (art. 166/1). Since an amendment in force from 27.11.2024 (Law No. 7532), a marriage is also deemed broken down if a previous divorce case was dismissed and the couple has not resumed life together for one year after that dismissal became final (art. 166/4).

How do Turkish courts decide custody?

During the marriage both parents exercise custody (velayet) jointly (art. 336). When granting the divorce, the court regulates the parents' rights and each parent's personal relations with the child after hearing the parents where possible (art. 182). The decisive criterion is the child's interests, especially health, education and moral development; nationality is not a legal criterion.

The parent without custody has a right to personal relations (kişisel ilişki), that is contact and visits, and must contribute to the child's care and education costs according to their means (art. 182). Since 2021 the court's decision also warns that custody may be changed if the contact arrangements are not respected, provided this is not against the child's interests.

The Civil Code does not expressly regulate joint custody after divorce, and courts usually award custody to one parent. In Court of Cassation (Yargıtay) practice, joint custody has been accepted in some cases where both parents asked for it and it served the child's interests; whether it is possible depends on the facts of each case. For a foreign parent, a realistic contact plan with holiday periods, travel arrangements and video calls is usually more persuasive than general statements.

Can a parent take the child abroad during or after the divorce?

While both parents hold custody, one parent should not move the child to another country without the other's consent or a court decision. Once a divorce case is filed, the family court takes the interim measures needed for the child's care and protection (art. 169), and a parent who fears removal can ask for specific measures.

Türkiye has been a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction since 01.08.2000 (HCCH status table). It is applied through Law No. 5717 (Uluslararası Çocuk Kaçırmanın Hukuki Yön ve Kapsamına Dair Kanun), which covers children under 16 who were habitually resident in a contracting state and were removed or kept abroad in breach of custody rights actually being exercised (arts. 2–3).

• The Central Authority is the Ministry of Justice, today through its Directorate General for Foreign Relations and EU Affairs, acting through the local chief public prosecutor's office (arts. 3–5). No court fees are charged (art. 27), but Türkiye has made a reservation under Article 26 of the Convention, so it does not cover the applicant's lawyer or court costs.
• The return case is filed by the prosecutor on behalf of the Central Authority at the family court where the child currently lives (arts. 6–7).
• The court first encourages an amicable solution, then decides urgently under simplified procedure, also during the judicial recess (arts. 8, 9, 16).
• A custody decision obtained after the return application is not in itself a reason to refuse return, and a pending custody case waits for the return case (arts. 13–14).

Under the Convention, if the application is made within one year of the wrongful removal or retention, the court orders the child's return; after one year, return is still ordered unless the child has settled in the new environment (Convention art. 12). Return can be refused only in narrow cases, for example a grave risk of harm to the child or where the applicant consented or later acquiesced (Convention art. 13).

Practical points for foreign parents

• Residence: a family residence permit through your Turkish spouse loses its basis on divorce. A short-term permit may be granted after at least three years on a family permit, or without that period if a court decision establishes domestic violence (Law No. 6458 art. 34/6).
• Children's permits: a foreign child's family residence permit requires the consent of a parent abroad who shares custody (art. 34/3).
• Language: proceedings are held in Turkish. You can be heard through a sworn interpreter, and all foreign documents must be translated.
• Divorce abroad: if the divorce is granted in another country, plan for its recognition in Türkiye so that Turkish records and custody arrangements match.

More on related issues is available on our family law page. As custody and cross-border cases turn on their facts, individual legal advice is recommended before you take any step.