A closed U.S. passport lying alone on a dark grey surface.

Family law across borders: child abduction, foreign divorces and prenups

A child taken abroad, a divorce granted in another country and a prenup that spans two legal systems each follow different rules.

1 yearArticle 12 line: return is ordered at once if proceedings begin within a year of the removal [1]
1 Aug 20001980 Hague Convention in force for Turkiye (U.S.: 1 July 1988) [2]
Clear and convincingProof a respondent needs for the grave-risk exception in a U.S. return case [3]

Is this the right route?

The U.S. and Turkiye are both parties to the 1980 Hague Child Abduction Convention (in force for the U.S. on 1 July 1988 and for Turkiye on 1 August 2000). If return proceedings start within one year of the wrongful removal, the authority shall order return forthwith (Art. 12). A return order does not decide custody (Art. 19). Foreign divorces follow separate rules in each country.

Who it's for Parents and spouses with ties to the U.S. and Turkiye, or another country, who face a child taken across a border, a foreign divorce that needs recognition, or a prenuptial agreement that spans two legal systems.

Key requirements

The U.S. and Turkiye are both parties to the 1980 Hague Child Abduction Convention
A return order is not a decision on custody (Convention, Art. 19)
Turkiye registers some foreign divorces without a court case (Law No. 5490, Art. 27/A)
Spouses may choose the law for their marital property (Law No. 5718, Art. 15)

How it works

Write down the key dates: when the child left, when you learned of it, and where the child lived before. The one-year line in Article 12 runs from the removal or retention.
Collect proof of custody rights under the law of the child's habitual residence, and proof that you used them: court orders, birth records, school and medical records.
Check treaty status for the two countries, then file the return petition where the child is. In the U.S., a state or federal court can hear it (22 U.S.C. 9003(a) and (b)).
For a divorce granted abroad, list the papers: the decision, proof that it is final, and certified translations. Decide where you need it recognized: a U.S. state or Turkiye.
In Turkiye, apply for civil-registry registration under Law No. 5490 Art. 27/A. If it is refused, a court can recognize the decision under Law No. 5718.
For a prenuptial agreement across countries, name the governing law and list assets by country. Read the prenuptial agreement guide and the estate-planning page before you sign.

Typical times

Hague return proceedings begin less than one year after the wrongful removal or retentionThe authority shall order return forthwith [1]
Return proceedings begin after one yearReturn is still ordered unless the child is settled in the new environment [1]
For a child in the U.S., when return proceedings commenceWhen the petition is filed in court (22 U.S.C. 9003(f)(3)) [3]
1980 Convention in force for the United States1 July 1988 [2]
1980 Convention in force for Turkiye1 August 2000 [2]

Note 1

Cross-border family law: questions people ask

is turkey a party to the hague child abduction convention

Yes. The HCCH status table lists Turkiye as a party to the 1980 Convention: signed 21 January 1998, ratified 31 May 2000, in force 1 August 2000. The United States is also a party (in force 1 July 1988). An attorney checks the table on the date you file.

how long do i have to file for return of an abducted child

The Convention sets a one-year line. If proceedings begin less than one year after the wrongful removal, the authority shall order return forthwith. After that, return is still ordered unless the child is settled in the new environment (Art. 12). For a child in the U.S., proceedings commence when the petition is filed (22 U.S.C. 9003(f)(3)).

does a hague return order decide custody

No. A decision under the Convention concerning the return of the child is not a determination on the merits of any custody issue (Art. 19).

how do i register a foreign divorce in turkey

A divorce decision from a foreign court or administrative authority is registered in the Turkish civil registry if a competent authority issued it, it is final, and it is not clearly contrary to Turkish public order. Both spouses apply, or the Turkish-citizen spouse alone if the other is dead or foreign (Law No. 5490, Art. 27/A). If registration is refused, a court can recognize it under Law No. 5718.

can spouses choose which country's law governs their prenup

For marital property, spouses may expressly choose the law of their habitual residence or one of their national laws at the time of marriage (Law No. 5718, Art. 15(1)). Without a choice, default rules apply. An attorney reads the agreement under each country's law.

Discuss your matter with our team

We work out which rules apply to the child, the marriage and the property, prepare the petition or registration papers, and coordinate with collaborating independent counsel in Turkiye where Turkish law applies. We tell you plainly what a return order does and does not decide.

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Documents to prepare

Passports and birth certificates of the child and the parents.
Marriage certificate and any custody, divorce or protection orders, with certified translations.
Proof that you exercised custody: school, medical and travel records, messages.
The decision on divorce or annulment, with proof that it is final.
Turkish civil registry (nufus kayit) extracts for Turkish citizens.
Any prenuptial or marital-property agreement, and a list of assets by country.
Recent photographs of the child and any details of where the child may be.

Common reasons for refusal or delay

Waiting: after one year the child's settlement in the new environment can defeat a return order (Art. 12).
Starting a custody case in the receiving country first: its court may not decide custody on the merits until return is decided (Art. 16).
Treating a return order as a custody ruling: it is not one (Art. 19).
Expecting a foreign divorce to work everywhere: each country registers or recognizes it under its own rules (Law No. 5490 Art. 27/A; Law No. 5718 Art. 58).
Assuming the money-judgment acts cover a divorce: they do not (Tex. Civ. Prac. & Rem. Code 36A.003(b)(3)).
A prenuptial agreement with no governing law named: a Turkish court then applies the default order in Law No. 5718 Art. 15(1).

When this is not the right route

Wills, trusts and estates: see Wills, trusts and estates.
Family-based green cards and visas: see Family-based green cards.
Collecting a foreign money judgment: see Foreign judgments.
A criminal charge or an extradition request: see Cross-border criminal matters.

Full details

Who this is for

Parents whose child was taken to, or kept in, another country without their consent.
Spouses divorced abroad who need the divorce recognized or registered in the U.S. or Turkiye.
Couples planning a prenuptial agreement when they or their property are in two countries.
Parents who want to understand the return rules before travelling or relocating with a child.

Key requirements

Treaty status: the HCCH status table lists the United States as a party to the 1980 Convention (ratified 29 April 1988; in force 1 July 1988) and Turkiye (signed 21 January 1998; ratified 31 May 2000; in force 1 August 2000).
Wrongful removal: removal or retention is wrongful if it breaches custody rights under the law of the state where the child was habitually resident immediately before, and those rights were actually exercised or would have been but for the removal (Convention Art. 3).
Return: if proceedings begin less than one year after the wrongful removal or retention, the authority shall order return forthwith. After one year, return is still ordered unless the child is settled in the new environment (Art. 12).
Exceptions: the authority may refuse return if the other parent was not exercising custody or consented or acquiesced, if there is a grave risk of physical or psychological harm or an intolerable situation, or if a child of suitable age and maturity objects (Art. 13).
U.S. court process: state and federal courts have concurrent original jurisdiction (22 U.S.C. 9003(a)). The petitioner must prove wrongful removal or retention by a preponderance of the evidence. The respondent must prove the Article 13(b) or Article 20 exceptions by clear and convincing evidence (9003(e)).
No custody ruling: the court of the receiving state may not decide custody on the merits until it is determined that the child is not to be returned (Art. 16), and a return decision is not a decision on custody (Art. 19).
Foreign divorces in the U.S.: the state money-judgment acts do not apply to a judgment for divorce, support or maintenance, or another domestic-relations judgment (Tex. Civ. Prac. & Rem. Code 36A.003(b)(3); N.J.S.A. 2A:49A-16.3(b)(3); CPLR 5302; Va. Code 8.01-465.13:2). Recognition then depends on other rules such as comity, which the Texas act expressly leaves open (36A.011).
Foreign divorces in Turkiye: a foreign court or administrative decision on divorce, nullity, annulment or the existence of a marriage is registered in the civil registry if a competent authority issued it under that state's law, it is final and it is not clearly contrary to Turkish public order. Both spouses apply, or the Turkish-citizen spouse alone if the other is dead or foreign (Law No. 5490, Art. 27/A(1)). If registration is refused, recognition goes to court under Law No. 5718 (Art. 27/A(3)). The court must find that the judgment meets the enforcement conditions, but the reciprocity condition does not apply to recognition (Law No. 5718, Art. 58(1)).
Governing law in a Turkish court: divorce grounds and effects follow the spouses' common national law; if their nationalities differ, their common habitual-residence law; otherwise Turkish law (Law No. 5718, Art. 14(1)). Custody questions in the divorce follow the same rule (Art. 14(3)).
Prenuptial agreements: spouses may expressly choose, for their marital property, the law of their habitual residence or one of their national laws at the time of marriage. Without a choice, the common national law at the time of marriage applies, then the common habitual-residence law, then Turkish law (Law No. 5718, Art. 15(1)). In the liquidation of marital property, land follows the law of the place where it lies (Art. 15(2)). Spouses who gain a new common law after marriage may submit to it, subject to third parties' rights (Art. 15(3)).

What to check with an attorney

Where the child was habitually resident immediately before the removal.
Whether the other parent had custody rights under that country's law, and used them.
The date of the removal or retention: one year is a legal line in Article 12.
Whether the divorce was granted by a court or an administrative authority, and whether it is final.
The nationality and residence of each spouse when they married and when they divorced.
Whether a prenuptial agreement names a governing law, and which property is in which country.

Sources and review date

Sources reviewed 13 Nov 2026. Sources below.

Official sources:

What changed: new page on Hague return rules, foreign divorce recognition and prenuptial agreements across countries.

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Notes

These are legal rules, not predictions. A court sets its own schedule for a hearing. ↑