The north of Cyprus: parental child abduction
Published 24 July 2023
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Disclaimer
Any information contained in these pages relating to the legal system in the north of Cyprus is provided for general information only. Independent legal advice should be sought for specific information relating to individual cases.
Parental child abduction is not a crime in the north of Cyprus and parents are usually directed to the family court to seek to settle the dispute. Parents should seek legal advice as early as possible. View a list of English speaking lawyers.
Whilst the Republic of Cyprus is a signatory of the Hague Convention, the self-declared ‘Turkish Republic of Northern Cyprus’, which is not recognised as a independent state by any country except Turkey, is not a member of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. This means that there is no international mechanism to return abducted children. Court orders issued in the UK will not be recognised, however a parent may apply to courts in the north of Cyprus to have a similar order made. The authorities in the north of Cyprus will not share information with the British High Commission on minors who are subject to UK court orders. This means the British High Commission are unable to obtain information about whether these minors are properly safeguarded but we continue to seek updates.
If an arrest warrant has been issued for the abducting parent, provided they do not commit a crime while in the north of Cyprus, it is unlikely that action will be taken against them. An arrest warrant would be enforceable if the abducting parent crosses into the Republic of Cyprus. Due to the lack of international recognition of the ‘Turkish Republic of Northern Cyprus’, there is no formal process for the passing of information under Mutual Legal Assistance protocols to the authorities in the north of Cyprus.
The authorities in the north of Cyprus do not recognise dual nationality and once in the north of Cyprus, dual national children are considered sole nationals of the north of Cyprus. The support that the British High Commission can provide is limited.
Child residence/custody
Where parents are unable to reach an amicable agreement regarding any matter concerning their children, these matters can be decided upon by the family court in the north of Cyprus. This process can be lengthy, and costs can be high.
The family court will consider whether the parents are still married or are legally divorced. Parents should seek to understand the implications of their marital or non-marital status from their lawyers. For divorced couples, foreign or UK court orders are not recognised unless they have been upheld by the family court in the north of Cyprus.
Travel
Children under 18 years old will require both parents consent to leave the north of Cyprus. They may get a passport and leave once they are 18 (for boys, this is only if they have completed or are exempt from military service). Any document will need to be notarised by a notary public or by a local lawyer.
Mediation
Mediation is an option when parents are not able to reach an amicable agreement between themselves about their children’s future but do not wish to take legal action. Lawyers generally provide mediation services or it can be done through friends and relatives.
Reunite is the leading charity specialising in international parental child abduction. The services range from offering practical impartial advice and mediation to providing a helpful support network aimed at those who have had their child abducted. For more information about Reunite and their services, visit Reunite’s website or call 0116 2556 234.