Have Turkish Courts Started to Enforce Foreign Joint Custody Judgments?
The approach of Turkish courts related to the enforcement of joint custody decisions is chang-ing in line with the international perspective. Important development and change arrive with the adoption of the “Protocol No. 7 amended with Protocol No. 11, Annex to the Convention on the Protection of Hu...
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| Format: | Article |
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Istanbul University Press
2022-12-01
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| Series: | Annales de la Faculté de Droit d’Istanbul |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/E6AC895084734F689E99153748E29EB5 |
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| _version_ | 1849315707795275776 |
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| author | Cahit Ağaoğlu |
| author_facet | Cahit Ağaoğlu |
| author_sort | Cahit Ağaoğlu |
| collection | DOAJ |
| description | The approach of Turkish courts related to the enforcement of joint custody decisions is chang-ing in line with the international perspective. Important development and change arrive with the adoption of the “Protocol No. 7 amended with Protocol No. 11, Annex to the Convention on the Protection of Human Rights and Fundamental Freedoms” (Protocol No. 7). Referring to this, Turkish Courts have both started to rule in favor of joint custody and started to en-force foreign joint custody judgments. The decision of the Supreme Court 2nd Legal Depart-ment, dated February 20, 2017, numbered E. 2016/15771, K. 2017/1737 has been the turning point on this. We expect that this encouraging attitude of the Supreme Court will positively affect the enforcement of foreign joint custody decisions, especially in cases where joint cus-tody is in the best interest of the child and the fact that the issue of joint custody after divorce is not regulated in Turkish Law will no longer face public policy interference. However, in order to achieve this, we are of the opinion that provisions that bring a detailed arrangement related to joint custody should be included in the “Turkish Civil Code” (TCC). |
| format | Article |
| id | doaj-art-bf32e6c6901f480faf578e7618f2408e |
| institution | Kabale University |
| issn | 0578-9745 2687-4113 |
| language | deu |
| publishDate | 2022-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Annales de la Faculté de Droit d’Istanbul |
| spelling | doaj-art-bf32e6c6901f480faf578e7618f2408e2025-08-20T03:52:04ZdeuIstanbul University PressAnnales de la Faculté de Droit d’Istanbul0578-97452687-41132022-12-017112610.26650/annales.2022.71.0001123456Have Turkish Courts Started to Enforce Foreign Joint Custody Judgments?Cahit Ağaoğlu0https://orcid.org/0000-0002-5103-5196Beykent Üniversitesi, Istanbul, TurkiyeThe approach of Turkish courts related to the enforcement of joint custody decisions is chang-ing in line with the international perspective. Important development and change arrive with the adoption of the “Protocol No. 7 amended with Protocol No. 11, Annex to the Convention on the Protection of Human Rights and Fundamental Freedoms” (Protocol No. 7). Referring to this, Turkish Courts have both started to rule in favor of joint custody and started to en-force foreign joint custody judgments. The decision of the Supreme Court 2nd Legal Depart-ment, dated February 20, 2017, numbered E. 2016/15771, K. 2017/1737 has been the turning point on this. We expect that this encouraging attitude of the Supreme Court will positively affect the enforcement of foreign joint custody decisions, especially in cases where joint cus-tody is in the best interest of the child and the fact that the issue of joint custody after divorce is not regulated in Turkish Law will no longer face public policy interference. However, in order to achieve this, we are of the opinion that provisions that bring a detailed arrangement related to joint custody should be included in the “Turkish Civil Code” (TCC).https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/E6AC895084734F689E99153748E29EB5joint custodyenforcementthe best interest of the childpublic policyprotocol no. 7 |
| spellingShingle | Cahit Ağaoğlu Have Turkish Courts Started to Enforce Foreign Joint Custody Judgments? Annales de la Faculté de Droit d’Istanbul joint custody enforcement the best interest of the child public policy protocol no. 7 |
| title | Have Turkish Courts Started to Enforce Foreign Joint Custody Judgments? |
| title_full | Have Turkish Courts Started to Enforce Foreign Joint Custody Judgments? |
| title_fullStr | Have Turkish Courts Started to Enforce Foreign Joint Custody Judgments? |
| title_full_unstemmed | Have Turkish Courts Started to Enforce Foreign Joint Custody Judgments? |
| title_short | Have Turkish Courts Started to Enforce Foreign Joint Custody Judgments? |
| title_sort | have turkish courts started to enforce foreign joint custody judgments |
| topic | joint custody enforcement the best interest of the child public policy protocol no. 7 |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/E6AC895084734F689E99153748E29EB5 |
| work_keys_str_mv | AT cahitagaoglu haveturkishcourtsstartedtoenforceforeignjointcustodyjudgments |