Divorce and Child Custody in Turkey - What Norwegian Citizens Should Know

Norwegian citizens who are married to Turks or residing in Turkey may risk undergoing a divorce within the Turkish legal system. It is then important to be familiar with the process and the laws governing divorce and child custody in Turkey. This article provides an overview of what you, as a Norwegian citizen, should be particularly aware of.

The Divorce Process in Turkey

In Turkey, spouses can apply for divorce by mutual agreement (anlaşmalı boşanma) or by disagreement (çekişmeli boşanma).

• By agreement: The spouses submit a joint application to the family court.

• By disagreement: One of the parties must sue the other and prove that the conditions for divorce are fulfilled. Accepted grounds for divorce include adultery, abuse, criminal behavior, and abandonment of marriage.

• Registration: After the divorce decree is issued, it must be registered in the civil registry to come into effect. Only then is one considered divorced.

Divorce cases can take 1-2 years in Turkey, depending on the level of conflict and complexity.

Child Custody Laws and Practices

Child custody is decided either during the divorce proceedings or in a separate case after the divorce.

• Children under 3 years: Generally live with the mother, unless the mother's situation or behavior suggests that the father's care is better for the child.

• Children over 3 years: Decisions are made based on what is considered to be in the best interest of the child.

• Visitation rights: It is most common for one parent to have primary custody, combined with visitation for the other. Shared residence can also be agreed upon or ordered. The non-custodial parent has the right to regular and sufficient visitation, but what that concretely entails varies.

Specific Considerations for Norwegian Citizens

As a Norwegian citizen with ties to Norway, it is important to note that Norwegian authorities and courts may have parallel jurisdiction in international divorce and child custody cases. Norway and Turkey are also bound by Hague Conventions in this area.

• Parallel case in Norway: If you are a Norwegian citizen, you should always consider whether you can or should file a parallel case in Norway, especially if you plan to return to Norway with children after the divorce.

• Legal complications: The parallel processes can complicate the matter but also ensure that your rights are protected in both countries.

Conclusion

In divorce and child custody cases in Turkey, it is crucial for Norwegian citizens to understand the process, laws, and conventions regulating these matters. Although Turkish law will govern the case itself, parallel processes in Norway can and should be considered. It is recommended to seek advice from lawyers with expertise in international family law at an early stage to best protect your and your children's rights.