
In short
A foreign custody order shows to whom the care and representation of the child were left. This order producing effect in Turkey may depend on recognition. Recognition of the divorce is in a separate place. Enforcement of maintenance is separate as well. The reading starts from the custody sentence in the operative part. A country name in the reasoning does not open a new guide.
Which clause recognition looks at
If the operative part gives custody to someone, that sentence is read. A country name in the reasoning does not open a new country guide. If the order was given together with the divorce, the custody sentence is separated out as well. The divorce sentence is not pasted in place of the custody sentence. The date of the judgment, the court, and the child's name are looked for in the same document. A missing page does not cause the clause to be treated as complete.
Recognition makes the foreign order readable in Turkey. A custody clause that has not been recognised does not by itself change custody here. The child's civil-registry record is checked from the file. If the name in the record conflicts with the name in the order, the request for recognition is not treated as built before the conflict is closed. The application does not take the place of the operative part. The clause is read from the original of the order, or from a certified copy.
Does recognition of the divorce carry custody?
Recognition of the divorce judgment does not by itself write the custody sentence here. Custody is not recognised because the divorce was recognised. Custody is a separate sentence in the operative part. If that sentence was not shown separately in the request for recognition, the outcome of the divorce is not treated as having carried custody. Even if the two clauses stand in the same order, they are read as two matters. One may have been recognised and the other not requested.
A recognition decision is not a text that rewrites the foreign judgment. The Turkish court's recognition judgment and the custody sentence in the foreign order stand side by side. The recognition judgment does not make a person who is not in the foreign clause the holder of custody. If the person named in the clause and the person in the petition are not the same, the request does not proceed before it is corrected from the document. If the translation drops the sentence in the original, the original is taken as the basis.
Why maintenance and a border plan are outside
Enforcement of the maintenance item is not treated as the result of recognition of custody. Recognition of custody does not collect the maintenance sum. The sum is not here. The maintenance sentence is a separate matter, and it is read from its own enforcement route. Three clauses — divorce, custody, and maintenance — stand as three separate matters. The document of one does not build the collection of another.
This text does not write the route for taking the child across a border. Recognition is not a return plan. The request is that the custody judgment in hand be read here. Practice at the border crossing is not described as an annex to the recognition petition. A minute about where the child is does not take the place of the custody clause. The subject is whether the clause is read in Turkey.
The translation should not drop the original clause
If the translation drops the custody sentence in the operative part, the original text is taken as the basis. A person added in the translation is not treated as the holder of custody if that person is not in the original. The child's name and the person in the order are looked for in the same document. If the civil-registry record and the name in the order conflict, one does not say that recognition is complete before the conflict is closed. The application is not treated as having closed that conflict. If a certified copy does not carry the sentence in the original, the incomplete copy is not taken as the sole basis.
If the divorce, custody, and maintenance clauses stand one after another in the same order, the sequence does not make the three one matter. A clause that is not shown in the request for recognition is not recognised together with the clause that is shown. The maintenance sum is not in this text, and recognition of custody does not collect that sum. A plan to cross a border, or a return plan, is not written from here either. The request is that the custody sentence in hand be read here. A country name in the reasoning does not add a result that is not in the clause.
How the judgment is separated
The custody clause does not produce the same result as recognition of the divorce. Counsel in Ankara separates from the file that the office being in Çankaya does not change the result of recognition or the competent place. The district of the office address does not rewrite the operative part. The clause is read from the order. The frame that separates recognition of custody from recognition of a foreign divorce judgment and from enforcement of a foreign maintenance order stands on the international law page.
Conclusion
Recognition of custody looks at the custody clause in the foreign order. Recognition of the divorce, and enforcement of maintenance, are separate. There is no plan here for taking a child across a border. A clause that has not been recognised does not by itself change the record here. The basis is the Law No. 5718 on Private International Law and Procedure.