If a parent brings a child to Türkiye from abroad and does not send them back, does this directly constitute the crime of 'child abduction'?

Under the Hague Convention, this situation is characterized as 'wrongful retention' and the return process is operated; however, if it is proven that the child would be exposed to a serious physical or psychological danger in the event of return, the return may be refused.

Will the children be sent to the Netherlands immediately after this decision of the Constitutional Court?

No, the Constitutional Court has stayed the return of the children to the Netherlands as an interim measure until the retrial is concluded.

Why did the Court of Cassation and the Constitutional Court render different decisions in this case?

While the Court of Cassation focused on the return obligation of the Hague Convention, the Constitutional Court looked through the framework of constitutional rights that protect the psychological condition of the children, their bond with the mother, and their best interests.

CONSTITUTIONAL COURT RULINGS8 June 2026

Precedent Child Return Decision from the AYM

Official titleDecision of the Constitutional Court Dated 4/3/2026 and Numbered 2025/16250

The Constitutional Court decided that the right to respect for family life of the applicant mother was violated and that a retrial be held through the decision to return the two children, whose custody and return were a matter of debate, to the Netherlands, which is their habitual residence.

Details of the Regulation

The application relates to the claim that the right to respect for family life was violated due to the decision to return the two joint children of the applicant, a Turkish citizen, from her Dutch citizen ex-spouse to the Netherlands pursuant to the Hague Convention. The applicant and her spouse divorced in the Netherlands, after which the applicant came to Türkiye with the children and did not send the children back. Thereupon, the father filed a lawsuit in Türkiye requesting the return of the children to the Netherlands, their habitual residence.

The court of first instance and the regional court of appeal rejected the request for return on the grounds of the children's dependency on the mother, their new order in Türkiye, and their psychosocial development. However, the Court of Cassation reversed the decision on the grounds that there was no concrete and serious risk of a severity that would prevent the return under the Hague Convention, and the local court complied with this reversal decision and ruled for the return of the children to the Netherlands. The applicant thereupon lodged an individual application with the Constitutional Court.

In its examination, the Constitutional Court stated that the courts of instance failed to strike a fair balance between the best interests of the children and the obligation to return. In particular, it evaluated the rendering of a return decision without sufficiently investigating the degree of the children's dependency on the mother, the new family order they established in Türkiye, and the living conditions of the father in the Netherlands as a violation of rights. The Court decided to hold a retrial to eliminate the violation of rights and to stay the return of the children until this process is completed.

REGAS Commentary

This decision shows how critical the principle of the 'best interests of the child' is in custody and return disputes of children born from international marriages. Although the Hague Convention contains strict return rules, it has registered that human factors such as the psychological condition of children, dependency on the mother, and adaptation to the new living space cannot be ignored. Setting a precedent for parents in similar situations, this decision prevents the hasty sending of children abroad.

Questions You Might Have

If a parent brings a child to Türkiye from abroad and does not send them back, does this directly constitute the crime of 'child abduction'?: Under the Hague Convention, this situation is characterized as 'wrongful retention' and the return process is operated; however, if it is proven that the child would be exposed to a serious physical or psychological danger in the event of return, the return may be refused.
Will the children be sent to the Netherlands immediately after this decision of the Constitutional Court?: No, the Constitutional Court has stayed the return of the children to the Netherlands as an interim measure until the retrial is concluded.
Why did the Court of Cassation and the Constitutional Court render different decisions in this case?: While the Court of Cassation focused on the return obligation of the Hague Convention, the Constitutional Court looked through the framework of constitutional rights that protect the psychological condition of the children, their bond with the mother, and their best interests.

Key Terms

Mutat Mesken: The place where a person actually continues their life and which forms the center of their daily relations, even if they have no intention of settling permanently.
Lahey Sözleşmesi: An international agreement aimed at ensuring the prompt return of children wrongfully removed or retained at an international level to their habitual residence.
Yeniden Yargılama: The re-examination of a finalized court decision by the same court due to extraordinary reasons such as a violation of rights.
Tedbir Kararı: A protective measure granted temporarily to prevent the loss of rights or the occurrence of irreparable harm during the litigation process.

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