International child abduction (Hague Convention)

This page is for families whose child has been taken from Russia to Türkiye or from Türkiye to Russia by the other parent without authorization, or has been wrongfully retained there. Türkiye and Russia have been mutually bound by the 1980 Hague Convention on the Civil Aspects of International Child Abduction since 1 August 2017. Below you will find information on how the Convention works, the application steps, court proceedings in both countries, circumstances in which return may be refused, and measures that can be taken to prevent abduction. This page provides general information; in a specific case, consult a family-law attorney immediately.

• The Convention provides for the prompt return to the country of the child's habitual residence of a child who has been taken to or retained in another Contracting State in breach of custody rights.
• It applies to children under 16 years of age. The Convention no longer applies once the child turns 16.
• An application may also be made to exercise rights of access (contact).
• A return decision is not a decision about who will be awarded custody. Custody is determined in the country where the child has his or her habitual residence.
• The court of the country to which the child was taken does not rule on the merits of custody before the return issue has been resolved.

• 1980 Hague Child Abduction Convention:
  • In force for Türkiye since 1 August 2000.
  • Russia acceded to the Convention; it has been in force for Russia since 1 October 2011.
  • Türkiye accepted Russia's accession on 24 May 2017. The Convention has been applicable between the two countries since 1 August 2017.
• 1996 Hague Convention on the Protection of Children (recognition of custody and protective measures): in force for Türkiye since 1 February 2017 and for Russia since 1 June 2013.
• Both countries have made a reservation to Article 26 of the 1980 Convention (expenses).

1. Do not delay. If proceedings are started within 1 year of the removal or retention, the court will order the child's prompt return. In proceedings started after one year, return may be refused if it is proven that the child has become settled in his or her new environment.
2. Apply to the Central Authority. You may submit the application to the Central Authority of the country where the child has his or her habitual residence or of any other Contracting State:
   • In Türkiye: Ministry of Justice, Directorate General for Foreign Relations and European Union Affairs
   • In Russia: Ministry of Education of Russia (Минпросвещения России)
3. The application should include:
   • identification details of you, the child, and the person who took the child
   • the child's date of birth
   • the basis for your return request (a decision, agreement, or law establishing your custody rights)
   • all information about where the child is and the person with whom the child is staying
   • an authenticated copy of any relevant court decision or agreement, if available
   • You may use the Hague Conference's "Request for Return" model form.
4. The Central Authority first attempts a voluntary return. In Türkiye, the Central Authority carries this out through local Chief Public Prosecutors' Offices. The Chief Public Prosecutor's Office has the child's location determined through law enforcement and attempts an amicable resolution.
5. Proceedings are initiated:
   • In Türkiye: the Chief Public Prosecutor's Office files the case on behalf of the Central Authority before the family court. The competent court is the court where the child is located. The case is heard under the simplified procedure, as a priority and urgently; it continues during the judicial recess. The court may order temporary protective measures for the child and temporary contact arrangements.
   • In Russia: the case is heard by a single district court designated according to the federal district where the child is located. Examples: Tverskoy District Court of Moscow for the Central Federal District, Dzerzhinsky District Court of St. Petersburg for the Northwestern District, and Pervomaysky District Court of Rostov-on-Don for the Southern District. A prosecutor and the guardianship authority participate in the case. The court is required to conclude the case within 42 days.
6. If there is a delay: if the court does not issue a decision within six weeks, you or the Central Authority may ask about the reason for the delay.

• The court may decline to order return if the person who has the child proves one of the following:
  • the person with custody rights was not actually exercising those rights at the relevant time
  • the holder of custody rights consented to or subsequently accepted the removal or retention
  • return would expose the child to a grave risk of physical or psychological harm or otherwise place the child in an intolerable situation
• If the child objects to return and has reached an age and degree of maturity at which it is appropriate to take the child's views into account, the court may refuse return.
• If proceedings were started after one year and the child has become settled in the new environment, return may be refused.
• A custody decision issued after the return application has been made is not, by itself, a reason to refuse return.

• Central Authorities do not charge fees for applications.
• Türkiye and Russia have made a reservation to Article 26 of the Convention. Therefore, you may be responsible for attorney and court costs to the extent that they are not covered by the country's legal-aid system.
• When issuing a return or access decision, the court may order the person who took the child to pay your travel and legal expenses and the child's return expenses.

• Turkish passport: the joint consent of the mother and father is required when applying for a passport for a minor child. If one parent does not apply, a letter of consent must be obtained from that parent.
• Child who is a Russian citizen:
  • A Russian citizen child may leave Russia with one of the parents unless the other parent has notified the authorities of his or her objection.
  • A parent may submit a declaration of objection to the child's departure from Russia (заявление о несогласии на выезд). The declaration may specify the duration of the restriction and the countries to which it applies.
  • Departure together with the Russian-citizen parent who submitted the declaration is not affected by this restriction.
  • The declaration may be withdrawn before the matter reaches court. If there is a dispute, the court decides on the child's departure.
  • The procedure for submitting the declaration is determined by the Russian Ministry of Internal Affairs.
• This Russian regulation does not apply to children who are only Turkish citizens. If you see a risk, consult an attorney about requesting protective measures from the court.
• If you have made an agreement concerning custody or access, have it approved by a court. The 1996 Convention facilitates the recognition of such decisions in both countries.

• The 1996 Convention governs the recognition and enforcement in both countries of measures taken to protect the child's person and property, such as custody and contact arrangements.
• In Türkiye, the Directorate General for Foreign Relations and European Union Affairs performs the functions of the Central Authority in coordination with the Ministry of Family and Social Services.
• You may ask the Directorate General how a custody arrangement made in Russia can be enforced in Türkiye. For court proceedings, see R6.4.

• Republic of Türkiye Ministry of Justice, Directorate General for Foreign Relations and European Union Affairs (DİABGM), Child Law Office — Türkiye's Central Authority
  • Address: Ministry of Justice Annex Building, Namık Kemal Mah. Milli Müdafaa Cad. No: 22, 06659 Kızılay, Çankaya / Ankara
  • Child Law Office: +90 312 414 87 58 · Directorate General: +90 312 414 80 51
  • Fax: +90 312 219 45 23 · Email: diabgm@adalet.gov.tr
• Russian Ministry of Education, Department of State Policy for the Protection of Children's Rights — Russia's Central Authority
  • Address: Lyusinovskaya ulitsa 51, 115093 Moscow
  • Telephone: +7 495 587 01 10 (extension 3450) · Correspondence language: Russian
• Representatives of the Republic of Türkiye — emergencies and information
  • Embassy of Türkiye in Moscow duty phone (outside working hours and holidays): +7 906 770 11 90
  • Kazan duty phone: +7 937 524 93 17 · Krasnodar duty phone: +7 918 632 54 92 · St. Petersburg duty phone: +7 933 340 91 33
  • Foreign Ministry Consular Call Center (24/7): +90 312 292 29 29

• Waiting for months after learning that the child has been taken. The one-year period directly affects return.
• Applying only to the local police and waiting without applying to the Central Authority.
• Failing to attach a document establishing your custody rights and information about the child's location.
• Writing messages that may suggest you subsequently consented to the child's removal.
• Failing to submit the declaration of objection to departure for a Russian-citizen child in time.
• Mistaking a return decision for a custody decision; custody is considered separately.

• Is the Convention in force between Russia and Türkiye? Yes. It has applied between the two countries since 1 August 2017.
• Which country should I apply to? You may apply to the Central Authority of the country where the child has his or her habitual residence or of the country to which the child was taken. Either is valid.
• My child has turned 16. Does the Convention apply? No. The Convention applies to children under 16.
• How long will proceedings in Türkiye take? The law provides that return cases are heard as a priority and urgently. The Convention expects the court to make a decision within six weeks.
• Must I hire an attorney? In Türkiye, the Chief Public Prosecutor's Office files the case. Nevertheless, consulting an attorney can be useful in preparing for the other party's objections. A Russian attorney is required for proceedings in Russia (see R10.5).
• I want to take my child to Türkiye. Do I need permission? If the other parent has custody rights, taking the child without that parent's written permission may constitute wrongful removal under the Hague Convention. Consult an attorney first.

• HCCH – "Request for Return" model application form (PDF)
• HCCH – Text of the 1980 Convention (PDF)
• HCCH – Status table of parties to the 1980 Convention
• Law No. 5717 on the Legal Aspects and Scope of International Child Abduction (PDF)
• Republic of Türkiye Ministry of Justice DİABGM – Child abduction and custody
• Russian Code of Civil Procedure Article 244.11: action for the return of a child
• Russian Law on Entry into and Exit from the Russian Federation 114-FZ, Article 21: objection to a child's departure