Exit Permission for Joint Custody Children Under Turkish Law

When a child under joint custody is taken abroad by one parent, the non-traveling parent must often provide formal permission. This requirement, commonly referred to as exit permission or parental consent, is particularly important for divorced couples or separated parents. At Bayraktar Attorneys, we frequently assist clients with preparing such permission documents and guiding them through the necessary legal steps to avoid travel disruptions and legal disputes.

In this blog post, we provide a comprehensive overview of when permission is required, the distinction between travel and relocation abroad, and key legal considerations under Turkish law.

What Is an Exit Permission for a Joint Custody Child?

An exit permission is a legal document, often notarized, that grants consent from one parent for their minor child to leave Türkiye with the other parent. It is typically required in the following situations:

• The child is traveling abroad with only one parent

• The child is relocating to a foreign country

• The parents are divorced or separated

Although Turkish domestic law may not always mandate such consent, many countries request it during visa applications or at border controls to prevent international child abduction. For this reason, having a notarized muvafakatname (consent letter) is essential.

Can the Custodial Parent Travel Without the Other Parent’s Consent?

Turkish law distinguishes between short-term travel, such as vacations, and permanent relocation. The custodial parent, often the mother, does not always need the other parent's consent for short-term travel. However, the legal situation becomes more complex when the trip involves long stays or relocation.

Short-Term Travel With the Custodial Parent

• If the child is traveling abroad for tourism or a short visit with the parent who holds legal custody, Turkish law does not require consent from the non-custodial parent

• However, many foreign consulates and visa offices, especially in countries such as those in the Schengen area, the United Kingdom, and the United States, do require a notarized consent letter from the other parent, even if they do not have custody

• It is strongly advised to obtain this letter to avoid visa refusals or problems during immigration checks

Relocation Abroad With the Custodial Parent

When a custodial parent intends to permanently move abroad with the child, the legal implications are more significant:

• The non-custodial parent has the right to object in courtif they believe the move negatively affects their right to maintain a relationship with the child

• Courts may interpret this relocation as misuse of custody rights, particularly if it disrupts the visitation rights of the other parent

• If the court considers the relocation to be harmful to the child’s well-being, the non-custodial parent can file a custody change lawsuit

International agreements such as the Hague Convention on the Civil Aspects of International Child Abduction and the European Convention on the Exercise of Children's Rights may also apply in these situations.

What Does Turkish Law Say?

Two key articles of the Turkish Civil Code (Law No. 4721) regulate this matter:

• Article 182, which details the rights and obligations of divorced parents regarding their children

• Article 339, which outlines the scope of custody (velayet), including the right to determine the child's residence

Even if custody belongs to only one parent, Turkish courts aim to preserve the relationship rights of the other parent, especially in cases involving international travel.

What Is a Muvafakatname (Consent Letter)?

A muvafakatname is a notarized letter of consent that allows a minor child to leave Türkiye with one parent or another adult. This document should include the following details:

• Full names and passport or ID numbers of both parents

• Full name and passport or ID number of the child

• Specific dates of travel or duration of validity

• Destination country and purpose of travel (e.g., vacation, education, relocation)

If the parents are divorced, only the custodial parent must be physically present at the notary. If the parents are still married, both must sign the document together.

How Long Is the Consent Letter Valid?

• The letter must clearly state its validity period

• If no duration is mentioned, it remains valid until revoked

• However, most foreign consulates and border authorities require that the consent letter be issued within the last six months

Sample Use Cases Requiring Parental Consent

• A mother traveling to Germany with her child for a family visit

• A child attending a short-term academic program abroad

• A divorced parent planning to move to another country with the child

• Cases involving prior attempts to take the child abroad without consent

Legal Risks of Unauthorized Travel

If a custodial parent takes a child abroad with the intent to relocate permanently, without informing or receiving approval from the non-custodial parent:

• The other parent may file a lawsuit to transfer custody

• The move could be considered an unlawful international transfer of a minorunder international agreements

• Courts may revoke custody if the travel breaches an existing parenting or visitation order

Why You Should Work With a Lawyer

Every case involving joint custody and international travel has unique legal elements. All documents must be tailored to the specific destination, custody arrangement, and visa requirements.

At Bayraktar Attorneys, we provide:

• Drafting of notarized parental consent letters (muvafakatname)

• Review of custody decisions and parenting schedules

• Court filings in cases involving unauthorized relocation or abduction risk

• Legal consultation on international family law and travel documentation

Final Thoughts

Whether you are the parent planning to travel or the one remaining in Türkiye, it is essential to protect both your legal rights and your child’s best interests. Mistakes in this process can lead to severe legal and emotional consequences.

If you need assistance drafting a travel consent document or opposing an unauthorized relocation, the family law team at Bayraktar Attorneys is here to support you.