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Turkey: 2013 & 2014 State Department Reports

From the 2013 State Department report:

Unresolved Return Applications

As of December 31, 2012, the U.S. Central Authority (USCA) had 112 applications for return that remained open and active for more than 18 months after the date of filing with the relevant foreign central authority in the 18 countries listed below. The following section describes each unresolved case and the actions taken by the USCA to resolve them. The actions taken by other authorities are stated below, as reported to the USCA by the relevant entity.

Case Summaries; Turkey

1.  In January 2012, the court ordered the child's return under the Convention, and the taking parent (TP) appealed the decision. In June 2012, the appellate court overturned the lower court's order to return the child. The left-behind parent has appealed and is currently waiting for a hearing date. The U.S. Central Authority and the Turkish Central Authority are in regular contact regarding updates in the case.

2.  In March 2011, the lower court ordered the return of the children under the Convention, and the taking parent (TP) appealed the decision. In January 2012, the appeals court upheld the children's return and remanded the case to the lower court. In July 2012, the lower court insisted upon its initial decision, and the TP appealed the case to the Grand Chamber of the Appeal Court. The final hearing has not yet been scheduled.

3.  Convention hearings took place in March, May, July, and November 2011. The court scheduled further hearings to allow time to coordinate the testimony of U.S. witnesses and to review replies from each party. The July 2012 Convention hearing was subsequently postponed until November 2012. The U.S. Central Authority and the Turkish Central Authority are in close contact in an attempt to expedite the testimony of the U.S. witnesses and to offer judicial assistance if appropriate.

From the 2014 State Department report:

Unresolved Return Applications

As of December 31, 2013, the U.S. Central Authority (USCA) had 111 applications for return that remained open and active for more than 18 months after the date of filing with the relevant foreign central authority in the countries listed below. The following section describes each unresolved case and the actions taken by the USCA to resolve. The actions taken by other authorities are also stated below, as reported to the USCA by the relevant entity.

Case Summaries; Turkey

1.  Hague convention hearings took place in March, May, July, and November 2011. The court scheduled further hearings to allow time to coordinate the testimony of U.S. witnesses and to review replies from each party. The July 2012 Hague Convention hearing was subsequently postponed until November 2012. The U.S. Central Authority (USCA) and the Turkish Central Authority (TCA) coordinated closely in an attempt to expedite the testimony of the U.S. witnesses and to offer judicial assistance if appropriate. In January 2013, the Karsiyaka First Family Court rejected the return, stating the child's habitual residence was not the United States. In March 2013, the left-behind parent (LBP) appealed the First Family Court's decision. In April 2013, the USCA requested that the TCA adhere to Article 16 obligations under the Convention and stay custody proceedings, as the Convention return case continued after the LBP received notification of an upcoming divorce and custody hearing in Izmir. In December 2013, the TCA informed the USCA that the appeal remains pending before the Court of Cassation.

2.  In January 2012, the court ordered the child's return under the Convention, and the taking parent filed an appeal. In June 2012, the appellate court overturned the lower court's order to return the child and remanded the case back to the lower court. In February 2013, the lower court denied the return. In April 2013, the public prosecutor filed an appeal of the lower court's decision. In August 2013, the Turkish Central Authority (TCA) reported that the Second Chamber of the Court of Cassation upheld the lower court ruling to deny the return and requested an exceptional review in the relevant chamber of the Court of Cassation. The U.S. Central Authority has formally raised the case with the TCA at senior levels and continues to be in regular contact regarding updates in the case.

3.  In March 2011, the lower court ordered the children's return under the Convention, and the taking parent (TP) appealed the decision. In January 2012, the appellate court upheld the children's return and remanded the case to the lower court. In July 2012, the lower court insisted upon its initial decision, and the TP appealed the case to the Grand Chamber of the Court of Cassation. The USCA reached out to the Turkish Central Authority (TCA) to request an expedited hearing under Article 11 of the Convention. In June 2013, the U.S. Central Authority formally raised the case with the TCA, which stated that the Grand Chamber's decision remains pending. 

More Information on Turkey : Family Law :
The Office of Children's Issues of the U.S. State Department  continue

Turkey: Civil Code Section 6: Custody  continue

We have worked on many matters involving Turkey  continue

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