Custody of children in private International law

The subject of our study is the resolution of the custody issues with foreign elements related to international private law and procedural law in the light of the jurisprudence of the Court of Cassation and the opinions reflected in the doctrine, within the framework of the international conventions and provisions of the "Act on Private International Law and Procedural Law" numbered 5718. In the introduction part of our study, the regulations in Turkish law regarding custody and the provisions of the "Convention of 1989 on the Rights of the Child", which is the basis of child law, are explained in general terms. In the first part, the "1961 Hague Convention of concerning the Powers of Authorities and the Law Applicable in respect of the Protection of Infants", the "1980 European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children", the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children" and the "2003 European Convention on Contact concerning Children" which Turkiye is a party have been examined on custody in terms of their establishment, purpose and scope. In the second part, which constitutes the main line of the study, the subject of applicable law to custody is examined and in this regard, basic international private law problems such as the element of foreignness, qualification and renvoi are tried to be explained. In addition, as the issues limiting the applicable law, violation of public order and directly applied rules are discussed. In the third and last part of our study, the issues of international procedural law have been tried to be clarified within the framework of jurisdiction, recognition and enforcement of foreign authority decisions in disputes regarding custody. Keywords: Child, Custody, Custody with foreign elements, Best interests of child.