For foreign spouses married to Turkish citizens who apply for citizenship under Article 16 of the Turkish Citizenship Law No. 5901 (Türk Vatandaşlığı Kanunu), the most common stumbling block is a child from a previous marriage. The mother prepares a complete application file; however, in order to include the child in the file, the civil registry office (nüfus müdürlüğü) asks for “a court decision showing that custody (velayet) belongs to you”. The mother, meanwhile, is often on good terms with the child’s father and does not wish to deprive him of his parental rights.

In this article we examine, step by step, a situation frequently faced by mothers who are citizens of the Russian Federation: why the decision is required, which court to apply to in Istanbul, how documents are to be delivered to the father in Russia, what the father needs to sign, how long the process takes, and where proceeding without a lawyer becomes difficult. What is explained here also applies, to a large extent, to parents coming from other countries such as Ukraine, Kazakhstan, Azerbaijan and Germany.

1. Why Does the Civil Registry Office Require a Custody Order for the Child?

The source of the problem is not administrative discretion but the text of the law. The second paragraph of Article 20 of Law No. 5901 (as amended by Law No. 7039) reads as follows:

Two separate conditions follow from this provision: (1) custody of the child must rest with the applicant parent, and (2) the other parent must consent to this. If consent is not given, the decision of the judge in the country of the applicant parent’s habitual residence is decisive. For a mother living in Türkiye, that country is Türkiye.

The service standards of the Ministry of Interior’s General Directorate of Population and Citizenship Affairs likewise show that, in an application for citizenship by marriage, for a child in the custody of the mother or father who is to acquire citizenship together with the applicant, a document evidencing the other parent’s consent is required (drawn up domestically before a notary or a competent official, or abroad at a diplomatic mission or by the competent authorities of that country), together with its duly certified Turkish translation. The application is made using the Vat-6 Application Form for the Acquisition of Turkish Citizenship by Marriage, which contains a separate section for children to be processed together with the applicant.

In other words, the civil registry office actually looks at two documents: the document showing custody and the father’s letter of consent. If the divorce in Russia did not regulate custody in the way Turkish law understands it, the second document alone is not sufficient; for the first document, a court decision in Türkiye is required.

2. Why Do Parental Rights Remain Joint After Divorce Under Russian Law?

Under Article 61 of the Family Code of the Russian Federation (Семейный кодекс РФ), the mother and father have equal rights and bear equal obligations in respect of their children. Divorce does not eliminate this equality. Where the parents live apart, the child’s place of residence is determined under Article 65 of the same Code primarily by agreement between the mother and father and, failing agreement, by the court.

In practice, the consequence is this: the decision held by a mother who divorced in Russia often shows only that the marriage has ended; even if the decision states that “the child will live with the mother”, this does not mean that parental rights have passed to the mother alone. The Turkish registry official, however, reads it according to the system of the Turkish Civil Code (Türk Medeni Kanunu, TMK): upon divorce, custody is as a rule awarded to one of the spouses. An official who does not see the wording “custody has been awarded to the mother” treats the file as incomplete.

Is it also necessary to have the Russian divorce decision recognised in Türkiye?

The fact that the mother was able to marry a Turkish citizen in Türkiye shows that her previous divorce was accepted in the administrative process. In the custody case, the court assesses the content of the Russian decision as evidence. However, if the Russian decision contains a binding arrangement concerning the child and that arrangement is to be relied on to produce direct effects in Türkiye, the question of recognition or enforcement (tanıma ve tenfiz) may arise separately. For this distinction, see our article on the recognition of foreign custody judgments in Türkiye (in Turkish).

3. Does Awarding Custody to the Mother Extinguish the Father’s Rights?

This is mothers’ greatest concern, and a justified one: in Russian legal language, a dispute over custody is often confused with “лишение родительских прав”, that is, deprivation of parental rights. In Turkish law, awarding custody to the mother and removing the father’s custody are entirely different institutions.

Under Article 323 of the Turkish Civil Code, each parent has the right to request appropriate personal contact with a child who is not under their custody or not left in their care. For this reason, if the mother herself requests in the case that personal contact between the father and the child be arranged, this both demonstrates good faith and makes it easier for the father not to object to the case.

After the Court of Cassation (Yargıtay) 2nd Civil Chamber, E.2016/15771, K.2017/1737, 20.02.2017, held that joint custody is not contrary to Turkish public order, courts have also begun to issue joint custody decisions. However, whether joint custody will be sufficient for citizenship purposes is a separate question; we address this issue in Section 16.

4. Which Country’s Courts Decide: Türkiye or Russia?

Both Türkiye and the Russian Federation are parties to the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children. According to the official status table of the Hague Conference, the Convention entered into force for Russia on 1 June 2013 and for Türkiye on 1 February 2017.

The Turkish text of the Convention is published on the Ministry of Justice website. Article 17 of the Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) as a rule subjects relations between parents and children to the common national law of the parties; since all three are Russian citizens in this case, Russian law comes to mind at first glance. However, because Article 1/2 of MÖHUK reserves the provisions of international conventions to which Türkiye is a party, the jurisdiction and applicable-law rules of the 1996 Hague Convention take precedence if the child’s habitual residence is in Türkiye.

Wouldn’t it be easier to obtain a decision in Russia?

If the child left Russia only recently or still actually lives in Russia, the option of having the child’s place of residence determined (определение места жительства ребенка) by a Russian court may be considered. If the child has become settled in Türkiye, the Russian court’s jurisdiction becomes questionable in light of the rule in Article 5/2 of the Convention; and any Russian decision obtained may additionally need to be recognised in Türkiye. In most cases, the shortest route is to obtain the decision directly where the child lives, that is, in Türkiye.

5. Which Court Should You Apply to in Istanbul?

The court with subject-matter jurisdiction is the family court. The law contains no exclusive venue rule for actions to regulate or modify custody; in practice, the action is brought before the family court at the place of residence of the child and the parent living with the child. Since the defendant father lives abroad, the general venue rule in Türkiye leaves a de facto gap in the claimant’s favour; and the fact that the child’s habitual residence is in Türkiye already confers international jurisdiction on the Turkish courts.

6. How Is a Custody Action Filed, and What Should the Petition Request?

The statement of claim is written in Turkish; the claimant is the mother and the defendant is the father in Russia. Clearly including the following information in the statement of facts makes the work of both the judge and the social inquiry expert easier:

• The dates of marriage and divorce, and which Russian authority effected the divorce and by which decision
• When the child came to Türkiye, since when the child has lived in Istanbul, and school and health records
• The mother’s marriage to a Turkish citizen, and the family’s housing and income situation
• The father’s full address in Russia (in Russian and in Latin characters) and, if available, his e-mail and telephone details
• The father’s relationship with the child, the contact arrangements, and information that he has no objection to the case
• The stage of the citizenship application and the fact that the civil registry office has requested a custody decision

What should the prayer for relief include?

• That custody of the joint child be awarded to the claimant mother (within the framework of TMK Articles 182, 183 and 336)
• That appropriate personal contact be arranged between the father and the child (TMK Art. 323) — such as summer holidays, religious holidays and online contact
• If desired, the father’s contribution to the child’s maintenance costs; if the mother will not request this, it should be stated expressly in the petition
• Wording that will prevent problems that may arise in the future when the child travels abroad

In view of the phrase “action is taken in accordance with the decision of the judge” in Article 20/2 of Law No. 5901, it is also useful for the petition to mention the existence of the citizenship application and that the child’s acquisition of Turkish citizenship together with the mother is in the child’s best interests. Whether the court will state this point separately in the judgment depends on the case; the main objective is a final judgment showing that custody has been awarded to the mother.

7. To What Extent Does the Father’s Non-Objection Simplify the Case?

Knowing in advance that the father will not object to the case is a great advantage; however, a custody case is not one that concludes automatically upon the parties’ agreement. Since custody concerns the best interests of the child, the judge investigates without being bound by the parties’ statements.

In the decision of the Court of Cassation 2nd Civil Chamber, E.2022/2825, K.2022/8472, the judgment was reversed on the ground that, in regulating custody, a report should be obtained from the psychologist, pedagogue or social worker attached to the family court (Law No. 4787, Art. 5) after interviewing both parents and the child, the child who has reached the age of discernment should be heard in person, and all evidence should be evaluated together. In the same Chamber’s decision E.2016/24437, K.2017/300, a judgment rendered without obtaining the views of a child of the age of discernment and without an expert examination was likewise held to be based on an incomplete examination. The decision of the Court of Cassation Assembly of Civil Chambers (Yargıtay Hukuk Genel Kurulu), E.2017/2066, K.2019/15, also holds that the views on custody of a child old enough to express himself or herself must be obtained.

The practical consequence of these decisions is this: even if the father consents, the court will have a social inquiry report prepared and, if the child has reached a certain level of maturity, will hear the child. The father’s consent, on the other hand, ensures that the process proceeds without contention, that the debate over evidence is not prolonged, and that the judgment becomes final without being taken on appeal. For the report, interviews are generally held with the mother and the child in Istanbul; the father in Russia may contribute to the report by a written statement or an online interview; the method is at the discretion of the court.

8. How Are the Court Documents Served on the Father in Russia?

Since the father is not a Turkish citizen, the expedited service route through consulates under Article 25/a of the Notification Law No. 7201 (Tebligat Kanunu) cannot be used in this case; that route is only available for Turkish citizens abroad. Service on a father who is a Russian citizen living in Russia is effected within the framework of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, to which both Türkiye and Russia are parties. The Ministry of Justice’s current list includes the Russian Federation among the States Parties to this Convention.

1. The court orders the statement of claim and its annexes to be translated into Russian; the translation cost is collected from the claimant.
2. The request for service, the translations and the petition are transmitted to Russia’s Central Authority through the Ministry of Justice General Directorate for International Law and Foreign Relations.
3. The Russian authorities serve the documents on the father in accordance with their own procedures and return the certificate of service through the same channel.
4. Once the certificate of service reaches the Turkish court, the father’s time limit to respond begins to run and the case proceeds.

Türkiye is among the States that have made a reservation to Article 10 of the 1965 Convention, which governs service directly by post; for this reason, sending the documents to the father by courier or by registered mail with acknowledgment of receipt does not constitute valid service. The duration of the Central Authority channel varies from country to country and from period to period; in respect of Russia, waiting periods of several months, and at times exceeding a year, may be experienced.

9. Is the Father Required to Sign Any Document?

For the case to proceed, the father is not required to sign any document. Once service has been duly effected, the case is heard and a judgment may be given even if the father does not respond. In this respect, the father’s signature is not a condition of the case but an accelerator.

The position is different, however, with respect to the citizenship file. Since Article 20/2 of Law No. 5901 provides for the other parent’s consent as a separate condition, it is of great help if the father has a letter of consent drawn up before a notary in Russia and sends it with an apostille, and if this document is translated in Türkiye by a sworn translator and certified by a notary. It is recommended that the letter of consent contain at least the following elements:

• The passport details and dates of birth of the father and the child
• Consent to the child acquiring Turkish citizenship together with the mother
• No objection to the child living in Türkiye with the mother and to custody being awarded to the mother
• The application for which consent is given (application for citizenship by marriage)

Since both Russia and Türkiye are parties to the 1961 Apostille Convention, no separate consular legalisation is required for a document drawn up at a Russian notary; an apostille is sufficient. Whether the letter of consent will have any separate effect under Russian citizenship legislation is a separate matter to be assessed by the Russian authorities.

10. Ways to Shorten the Process Without Waiting for Service in Russia

The waiting time created by service in Russia can be significantly reduced with a few correct steps:

In cases where the father is ready to cooperate, the safest and fastest model is for the father to grant a power of attorney to an independent lawyer in Türkiye and for the mother to file the case with her own lawyer. In this way, all procedural steps, such as service, attendance at hearings and waiver of appeal, are completed within Türkiye.

11. Can the Case Be Filed Without a Lawyer? Where Do the Practical Difficulties Lie?

The Code of Civil Procedure No. 6100 does not require representation by a lawyer before the family court; the mother may file the case herself. A claimant with insufficient financial means may also request legal aid under Article 334 et seq. of the Code of Civil Procedure (HMK). However, proceeding without a lawyer in a custody case connected with Russia involves practical difficulties:

• Drafting the petition in Turkish and in accordance with procedure; framing the prayer for relief according to the needs of the citizenship file
• Complying with the peremptory time limits set by the court for translation costs and service fees; otherwise, the step cannot be taken
• Providing the father’s address in a manner suitable for the Hague channel and following up on the outcome of service through correspondence with the Ministry of Justice
• Submitting observations on the social inquiry report and, where necessary, requesting a supplementary report
• Having the judgment become final, obtaining the certificate of finality and submitting it to the citizenship file with the correct documents
• Access to the UYAP Citizen Portal with an e-Government (e-Devlet) password; a mother who has no foreign identification number or does not use e-Government having to follow the file by going to the courthouse in person

Missing a single time limit in the file, or improper service, may lead to the judgment being reversed at the appeal stage and the process starting over. Since the citizenship application is also pending, such a delay may jeopardise the child’s opportunity to acquire citizenship together with the mother.

12. How Long Does the Custody Process Take?

The duration depends largely on how service on the father is effected. The table below provides an approximate framework that may vary according to the courts’ workload; it is not a commitment to a definite timeframe.

After the judgment is rendered, service of the reasoned judgment on the parties and expiry of the appeal period must be awaited. If the parties do not appeal or waive this right, the judgment becomes final; the civil registry office relies on the judgment bearing the certificate of finality.

13. Once the Judgment Is Issued, How Is the Child Added to the Citizenship File?

1. A copy of the judgment bearing the certificate of finality is obtained from the court.
2. The father’s apostilled letter of consent and its notarised Turkish translation are prepared (for the consent requirement in Art. 20/2 of Law No. 5901).
3. The child’s passport, the apostilled original birth certificate and its notarised Turkish translation are added to the file.
4. The documents are submitted to the provincial directorate of population and citizenship affairs where the mother filed her citizenship application, with a request that the child be included in the application.
5. Before applying, it should be asked whether, depending on the child’s age, the directorate requires additional documents, photographs or an interview.

Note: If the father’s letter of consent cannot be obtained, since the Law provides that “action is taken in accordance with the decision of the judge in the country of habitual residence”, the Turkish court’s judgment may be used as the basis replacing consent. In that case, if the reasoning of the judgment has assessed the citizenship application and the child’s best interests, this strengthens the file before the civil registry office.

14. What Happens If the Mother’s Application Is Concluded Without the Child?

Timing is the most frequently overlooked aspect of these cases. Under Article 20/3 of Law No. 5901, children who were not processed together with the mother or father on the date the parent acquired Turkish citizenship are subject to Article 11 of the Law if they apply after reaching the age of majority. Article 11, however, concerns citizenship through the general route and contains much more onerous conditions, first and foremost five years of uninterrupted residence preceding the application date.

15. Documents to Be Prepared

For the general framework on the validity in Türkiye of documents issued abroad, our article on the validity in Türkiye of marriages concluded abroad (in Turkish) may also provide guidance.

16. Is a Joint Custody Order Sufficient for Citizenship Purposes?

For mothers who wish to protect the father’s rights, joint custody may seem attractive. Since the Court of Cassation 2nd Civil Chamber decision E.2016/15771, K.2017/1737 cited above, joint custody has not been considered contrary to Turkish public order and may also be granted by the courts. For details on this subject, see our article on joint custody judgments of foreign courts (in Turkish).

However, Article 20/2 of Law No. 5901 refers to the parent “in whose custody” the child is. We have been unable to identify any established and published practice as to whether a file in which a joint custody decision is submitted together with the father’s letter of consent will be considered sufficient by the civil registry office. Therefore, if the citizenship objective is paramount, awarding custody to the mother and arranging broad personal contact with the father is a more predictable route. If joint custody is to be preferred, it would be advisable to obtain the written opinion of the relevant provincial directorate of population and citizenship affairs before filing the case.

Why is the father’s consent to the child remaining in Türkiye important?

The 1980 Hague Convention on the Civil Aspects of International Child Abduction has been in force between Türkiye and Russia since 1 August 2017. Documentation of the father’s consent to the child settling in Türkiye is important evidence supporting the lawfulness of the child’s stay in Türkiye, even if relations deteriorate in the future. The letter of consent and the statements in the case file are also valuable in this respect.

17. The Most Common Mistakes in These Cases

• Mistaking the custody case for a case to “remove the father’s rights”: This misconception leads the father to object unnecessarily. Including a request for personal contact in the petition dispels this concern.
• Providing an incomplete address for the father: This is the most common reason why service sent through the Hague channel is returned months later.
• Sending documents by post: Owing to Türkiye’s reservation to Article 10 of the 1965 Convention, dispatch by post does not constitute valid service.
• Forgetting the letter of consent: The custody decision is assumed to be sufficient on its own, whereas the Law requires consent as a separate condition.
• Submitting documents without an apostille or translation: If a document from a Russian notary lacks an apostille, the civil registry office and the court may refuse to process it.
• Failing to coordinate with the citizenship file: If the mother’s file is concluded without the child, the child may be left with the general route, which has far more onerous conditions.
• Representation of the mother and father by the same lawyer: Under Turkish law, opposing parties cannot be represented by the same lawyer; the father’s attorney must be independent.

18. Frequently Asked Questions

My former spouse in Russia is not opposed to the case. Do I still need to file a case?

Yes. The father’s consent alone does not transfer custody to the mother; under Turkish law, custody is regulated by court decision. The father’s consent ensures that the case proceeds without contention and more quickly, and it also satisfies the consent requirement for citizenship.

Which court should I apply to in Istanbul?

To the family court at the courthouse serving the place where you live with the child. For example, for residents of Tuzla, Pendik, Kartal and Maltepe, the relevant courts are the family courts at the Istanbul Anadolu Courthouse. You should confirm the territorial jurisdiction before filing the case.

If custody is awarded to me, will my former spouse lose his paternal rights?

No. Awarding custody to the mother does not mean that the father is deprived of his parental rights. The father remains the child’s father; under Article 323 of the Turkish Civil Code, his right to personal contact with the child is protected and the court arranges that contact.

Can I file the case without a lawyer?

Legally, yes; representation by a lawyer is not mandatory before the family court. However, a mistake in steps such as service abroad, Russian translation, apostille, the social inquiry report and coordination with the citizenship file may prolong the process by months.

How are the documents sent to my former spouse in Russia?

The court has the statement of claim translated into Russian and sends it, under the 1965 Hague Service Convention, through the Ministry of Justice to Russia’s Central Authority. The Russian authorities effect service and report the outcome through the same channel.

Is my former spouse required to sign any document?

It is not required for the case to be heard; once service has been effected, the case may be concluded even if he does not respond. However, for the citizenship application, the father’s apostilled letter of consent is of great help. In addition, granting a power of attorney to a lawyer in Türkiye makes it possible to proceed without waiting for service in Russia.

How long does the process take?

In cases where the father is represented by an attorney in Türkiye, a result can often be obtained within a few months. In cases awaiting classic Hague service, however, the process may exceed a year. The exact duration depends on the court’s workload and the time taken to prepare the social inquiry report.

Will the court hear my child?

Yes, if the child is mature enough to express himself or herself. The Court of Cassation reverses custody decisions rendered without obtaining the views of a child of the age of discernment and without a social inquiry report. The interview is generally conducted with an expert present and in a setting appropriate to the child’s age.

Wouldn’t it be easier to obtain a custody decision in Russia?

If the child has become settled in Türkiye, under Article 5 of the 1996 Hague Child Protection Convention, jurisdiction as a rule lies with the courts of the country where the child lives, that is, Türkiye. A decision obtained in Russia may also need to be recognised separately in Türkiye. For this reason, in most cases obtaining a decision in Türkiye is the shorter route.

What happens if my citizenship is granted without the child?

Under Article 20/3 of Law No. 5901, a child who was not processed together with the parent may apply under the general provisions after reaching the age of majority; this route involves onerous conditions such as five years of residence. It is therefore important to initiate the custody case before your citizenship file is concluded and to inform the civil registry office.

Will a joint custody decision also work?

Turkish courts can now issue joint custody decisions; however, since Law No. 5901 refers to the parent “in whose custody” the child is, it is uncertain whether joint custody will be considered sufficient in the citizenship file. If this route is to be taken, it is recommended that the civil registry office’s opinion be obtained in advance.

Why Is Specialist Legal Support Necessary?

Adding a child from a previous marriage to an application for citizenship by marriage is a matter in which three separate areas of law intersect at once: Turkish citizenship legislation, custody proceedings before the family court, and international civil procedure. Framing the custody petition according to the needs of the citizenship file, operating the 1965 Hague Service Convention channel without error to reach the father’s address in Russia, preparing the father’s power of attorney and letter of consent in compliance with apostille and translation requirements, and ensuring that the social inquiry report accurately reflects the child’s best interests directly determine how long it will take to obtain a result.

2M Hukuk Avukatlık Bürosu, based in Tuzla, handles immigration law and family law matters coming from Pendik, Kartal, Maltepe, Ataşehir, Üsküdar, Ümraniye, Sancaktepe and Sultanbeyli on Istanbul’s Anatolian side, and from Gebze, Çayırova, Darıca and İzmit in Kocaeli. In addition to cases heard at all courthouses in Istanbul and throughout Türkiye, the firm provides advisory and litigation services in cross-border custody and citizenship matters involving parents living in Russia, Ukraine, Kazakhstan, Azerbaijan and European countries.

Sound planning at the outset of the file — that is, clarifying whether the father will grant a power of attorney, the content of the letter of consent, and the timing of the case in relation to the citizenship application — often eliminates a wait for service abroad that could otherwise last for months. Our other articles on immigration law can be found in the Immigration Law (Yabancılar Hukuku) category (in Turkish).

This article is for general information purposes only; a different assessment may be required depending on the particulars of a specific case. The citations of the court decisions referred to should be verified through UYAP before being used in a petition.