Child custody in Private International Law

Child custody, which can generally be described as all parental rights and responsibilities for the protection of the privacy and properties of infants or adult children not liable for their actions, is increasingly gaining importance in terms of protecting the child?s interests.It has been observed in practice that custody has been a matter of many conflicts in Private International Law. The finalization of marriages between couples of different nationalities or between residents of different countries brings about the problem of determining the guardianship of their children. On the other hand, the question who will become the guardian of non-marital children of couples with different nationalities is another source of international disagreements.There are basically three leading international conventions about child custody in international cases. These are Convention of La Haye of 1961 Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Infants, the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children, and the Convention of La Haye of 1980 on the Civil Aspects of International Child Abduction. In addition, the Convention of 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children was ratified to replace the Convention of La Haye of 1961. The Convention of La Haye of 1996 has important rectifications that supply the deficiencies in the Convention of 1961. However, Turkey is not yet a party to the Convention of 1996.Pertaining to the Turkish Constitutional Provision 90/5 and the Private International Law 1/2, the above mentioned international conventions will be taken as a basis in resolving the conflicts on child custody. As for the cases beyond the coverage of those conventions, Turkish MOHUK 5718 will be applied.The first aim of this thesis was to present a brief description of the international conventions by determining their aim, content, and basic concepts. Then which international authority or law should be applied in conflicts in international cases on child custody was discussed.Another point that was stressed in the thesis was the recognition and the enforcement of decisions made by foreign courts on child custody. After all, only when the decisions made by foreign state authorities are recognized by Turkish courts will it be possible for those decisions to have the power of a final verdict and thus to be enforced.