For custody decisions made abroad to have legal force and effect in Turkey, it is mandatory to file a recognition and enforcement lawsuit at the Family Court, in accordance with Law No. 5718 on Private International Law and Procedural Law (MÖHUK). A direct application to the population directorate is not sufficient for custody provisions. The decision can only become valid in Turkey through a court order.

1. Legal Framework and Application Requirement

 For custody decisions obtained from foreign courts to gain validity in Turkey and appear in population records, it is mandatory to file a “recognition” or “enforcement” lawsuit in the competent Turkish courts, in accordance with the provisions of Law No. 5718 on Private International Law and Procedural Law (MÖHUK). As emphasized in the judgment of the General Assembly of Civil Chambers of the Court of Cassation numbered 2018/471 E., 2021/1586  K., custody provisions in foreign court decisions are provisions “subject to enforcement.” These decisions can only acquire the force and nature of a local court decision in Turkey through a recognition or enforcement decision issued via an independent lawsuit.

2. Competent and Authorized Court 

The authority to be applied to for the recognition and enforcement of a foreign custody decision in Turkey is the Family Courts (Court of Cassation 2nd Civil Chamber, 2023/1001 E., 2023/2149  K.). In places where there is no Family Court, these cases are heard in Civil Courts of First Instance (acting as a Family Court).

Jurisdiction: If the parties have a domicile in Turkey, the court of that place; if they do not have a domicile in Turkey, the court of their place of residence has jurisdiction. If they are not residents in Turkey, the courts of Ankara, Istanbul, or Izmir have been designated as competent (Court of Cassation 17th Civil Chamber, 2009/10927 E., 2010/593  K.; Court of Cassation 2nd Civil Chamber, 2023/2717 E., 2023/4605  K.).

3. Administrative Application and Limit for Registration in the Civil Registry 

Regarding the registration of divorce decrees issued by judicial or administrative authorities of foreign countries in the civil registry, although an administrative procedure (Directorate of Civil Registry/Commission) is foreseen under Article 27/A of Law No. 5490 on Civil Registration Services, this procedure does not cover custody provisions. As explained in the decision of the Grand Chamber of Civil Cases of the Court of Cassation numbered 2022/1205 E., 2023/1188  K.; the commission’s decision only produces results regarding divorce, annulment, or cancellation of marriage. The commission does not have the authority to decide on provisions subject to enforcement, such as custody, child support, and personal contact. Therefore, a court decision is absolutely necessary for the registration of custody in the civil registry.

4. Conditions for Recognition and Enforcement and Required Documents 

For the enforcement of a custody decision, the existence of the conditions specified in Articles 50, 53, and 54 of the PIL is required:

Documents: The duly approved original of the foreign court judgment by the authorities of that country (with an Apostille annotation), an approved copy certified by the judicial body that issued the judgment and its approved official translation, and an annotation/document indicating that the decision has become final must be attached to the petition (Court of Cassation 2nd Civil Chamber, 2015/15599 E., 2015/24938  K.; 2023/7233 E., 2024/253  K.).

Main Conditions: The decision must not be clearly contrary to Turkish public order, the right of defense must have been granted to the defendant (proper notification must have been made), and there must be reciprocity between the state where the decision was rendered and Turkey (Supreme Court 2nd Civil Chamber, 2023/7657 E., 2024/1916 K.).

5. Process of Registering the Custody Decision in the Civil Registry

Once the enforcement decision rendered by the court becomes final, the foreign court judgment acquires the force of a final judgment and enforceability in Turkey. According to the decision of the Court of Jurisdictional Disputes dated 2015/832 E., 2015/868 K., the enforcement decision as a whole (including custody) must be registered in the civil registry. If, despite the enforcement decision, the civil registry office refuses to record the custody provision, a lawsuit for “correction of civil registration” must be filed in the Civil Court of First Instance located at the place of residence.

6. Examples from Specific Judicial Decisions

Germany Decision: The decision regarding custody by the Amtsgericht Obermburg Court in Germany was ruled to be enforced by the İskenderun 2nd Family Court, and this decision was upheld by the Supreme Court (2023/1001 E.).

France Decision: The lawsuit filed for the recognition and enforcement of the custody decision of the Colmar Civil Court of First Instance in France in Turkey was accepted, and custody was granted to the father (2022/9991 E. ).

Kazakhstan Decision: The custody ruling of the Kazakhstan Inter-district Specialized Juvenile Court was enforced by the İzmir 13th Family Court (2023/7233 E.).

Switzerland Decision: The custody ruling of the Basel-Landschaft Court in Switzerland was enforced by the Istanbul 5th Family Court (2023/7657 E.).

7. Secondary Source Assessment 

Secondary sources state that custody decisions, due to their “constitutive” (creating new legal effects) nature, can also be subject to an action for recognition, but for enforcement purposes (delivery of the child, etc.), an action for enforcement should be preferred (Court of Appeals 2nd Civil Chamber, 2008/5375 E. ). Furthermore, it has been emphasized that while administrative registration (via the Directorate of Population) is an optional right for divorce, direct application to the court is healthier in terms of legal benefit for decisions containing additional provisions such as custody (Court of Appeals 2nd Civil Chamber, 2022/5479 E. ). It is sufficient for the foreign decision to have become final according to its own law, and that the forms of finalization in Turkish procedural law will not be strictly required has also been presented as a secondary context (Court of Appeals 2nd Civil Chamber, 2010/22888 E. ).

Conclusion: For your child’s custody to be valid in Turkey and to appear in the civil registration records, you must file a “Recognition and Enforcement” lawsuit in the competent Family Court, along with the original foreign court decision, its translation, and the finalization document. Once the decision becomes final, the court will notify the civil registration directorate, and the records will be updatedr.

Frequently Asked Questions

Dava süreci nasıl işler ve ne kadar sürer?

Dava açıldıktan sonra mahkeme, belgelerin usulüne uygun olup olmadığını inceler ve karşı tarafa tebligat yapılır. Eğer davalı yurt dışında ise tebligat süreci uzayabilir. Belgeler eksiksiz ve savunma hakkı yönünden sorun yoksa dosya genellikle birkaç ay içinde karara bağlanabilir. Ancak eksik apostil, kesinleşme şerhi problemi veya kamu düzeni incelemesi gibi teknik konular süreci uzatabilir. Karar kesinleştikten sonra nüfus müdürlüğüne bildirim yapılarak kayıt güncellenir.

Yurt dışı velayet kararım Türkiye’de otomatik geçerli mi?

Hayır. Yabancı mahkeme kararları Türkiye’de doğrudan geçerlilik kazanmaz. Kararın verildiği ülkede kesinleşmiş olması tek başına yeterli değildir. Türkiye’de hukuki sonuç doğurabilmesi için yetkili Aile Mahkemesi tarafından tanıma veya tenfiz kararı verilmesi gerekir. Bu dava açılmadan çocuğun velayeti nüfus kayıtlarına işlenmez ve resmi işlemlerde (okul kaydı, pasaport, sağlık işlemleri gibi) sorun yaşanabilir.

Why is Expert Legal Assistance Necessary?

Recognition and enforcement lawsuits are subject to technical procedural rules. Lack of apostille, error in the finalization annotation, notification issues, or public order assessment can lead to the rejection of the case. Especially cross-border notification, reciprocity review, and selecting the correct type of lawsuit are important.

Managing the process with an experienced lawyer in international family law in the Istanbul and Tuzla region prevents both loss of time and the risk of loss of rights.

With the support of an Istanbul Tuzla lawyer, we provide professional legal consultancy and litigation services regarding the recognition and enforcement of foreign custody decisions in Turkey.