Changing Custody After Divorce in Turkey: When Can You Apply and How Do You Prove It?

1. What is a custody change case?

Custody covers a parent's rights and duties regarding the care, upbringing, protection and legal representation of a minor child. After divorce, custody belongs to the parent the child is placed with (Civil Code art. 336 [1]).

That arrangement is not permanent. If new facts, such as a parent remarrying, moving elsewhere or dying, make it necessary, the judge takes the required measures on their own initiative or at the request of either parent (art. 183). The same applies to custody agreed in an uncontested divorce protocol, since that arrangement takes effect only with the judge's approval (art. 184).

The law lists transferring custody from one parent to the other as a non-contentious proceeding (Code of Civil Procedure (HMK) art. 382(2)(b)(13) [2]), a category of cases handled under special procedural rules. This affects where you file, how evidence is gathered and whether you can appeal, as explained below.

These requests are often combined in the alternative: "transfer custody, or failing that, extend contact". In one case reviewed by the Court of Cassation, the first-instance court rejected the custody request but granted the alternative request for more contact (Court of Cassation 2nd Civil Chamber, 2024/3656 E., 2024/7227 K. [3]).

2. When can a change of custody be requested?

Two conditions apply: a new fact must have arisen after the custody decision, and a change must be in the child's best interests. The law gives no closed list. Common situations:

When contact is obstructed

Contact (kişisel ilişki) is the non-custodial parent's right to regular time with the child (art. 323). Since a 2021 amendment, if the custodial parent fails to comply with the contact arrangement, custody may be changed provided this is not against the child's interest, and the contact decision must warn the parties of this (art. 324(3) [1]). Divorce judgments contain the same warning (art. 182(2)). The Court of Cassation has treated a missing warning as an error and corrected the judgment to add it (2nd Civil Chamber, 2022/10758 E., 2023/1504 K. [6]).

If a contact order is not complied with voluntarily, the parent entitled to contact can apply to the Ministry of Justice's judicial support and victim services directorate to have it enforced; where there is no directorate, a court registry designated by the Ministry does this. The directorate notifies the other parent, issues a handover order if needed and records what happens (Child Protection Law No. 5395 arts. 41/A, 41/C [7]). A person who disobeys a contact handover order or prevents its enforcement faces three to ten days' disciplinary detention, on a complaint filed within one month (art. 41/F). These official records can later be used to prove obstruction in a custody case.

The words "provided this is not against the child's interest" matter: proving obstruction does not automatically transfer custody. The court separately assesses how a change would affect the child.

3. Who can file, where and when?

• Who: either parent, in practice usually the parent without custody. The judge may also act on their own initiative (art. 183).
• Court: the family court; where none exists, the civil court of first instance designated by the Council of Judges and Prosecutors (Law No. 4787 arts. 2 and 4 [8]).
• Place: in non-contentious proceedings, the court where the applicant or one of the persons concerned lives (HMK art. 384 [2]). The Court of Cassation has accepted that the applicant may file a custody change case in their own place of residence (2nd Civil Chamber, 2019/2532 E., 2019/4235 K. [9]).
• Mediation: not required before filing. Mediation applies only to matters the parties can freely dispose of (Law No. 6325 art. 1(2) [10]), and custody is not such a matter.
• Time limit: none is set by law. Custody lasts until the child comes of age, as a rule at 18, so a request can be made until then (Civil Code arts. 11, 335 [1]).
• Procedure: custody cases follow the simplified procedure (HMK art. 316(1)(ç) [2]). The respondent has two weeks from service to reply (art. 317(2)).
• Costs: a person who cannot afford the costs may apply for legal aid, unless the claim is clearly unfounded (HMK art. 334 [2]).

4. What does the court look at?

The deciding test is the child's best interests. The Constitution guarantees every child the right to personal and direct contact with both parents unless clearly contrary to the child's best interests (Constitution art. 41 [11]). The UN Convention on the Rights of the Child, to which Turkey is a party, makes the child's interests a primary consideration in all court actions concerning children (CRC art. 3 [12]).

In practice this means:

1. The judge investigates on their own initiative. In non-contentious proceedings the court is not limited to the evidence the parties offer (HMK art. 385(2) [2]). The Court of Cassation describes custody as a matter of public order and requires courts to consider even developments that occur during the proceedings (2nd Civil Chamber, 2025/9964 E., 2026/7376 K. [13]).
2. An expert report is obtained. Family courts use psychologists, pedagogues and social workers (Law No. 4787 art. 5 [8]); these reports are usually called "social inquiry reports".
3. The child is heard. A child capable of forming views must be given the opportunity to be heard in proceedings affecting them (CRC art. 12 [12]). According to the Court of Cassation, the views of a child old enough to understand must be obtained and given due weight, but the court may decide against them if the child's best interests require (2nd Civil Chamber, 2025/9964 E., 2026/7376 K.). The law sets no fixed age for this.

5. How do you prove it?

Unless the law provides otherwise, each party must prove the facts on which their claim relies (Civil Code art. 6 [1]). The court's duty to investigate does not mean claims can be left unsupported: in one divorce case, the Court of Cassation did not accept an allegation of alcohol dependence that was not backed by a medical report (2nd Civil Chamber, 2026/1950 E., 2026/8022 K.). Under the simplified procedure, parties must list their evidence in their petitions, stating which fact each item proves, and indicate where documents held elsewhere can be found (HMK art. 318 [2]).

Unlawfully obtained evidence

Evidence obtained unlawfully cannot be taken into account to prove a fact (HMK art. 189(2) [2]). Recording private conversations without consent may also be a criminal offence (Turkish Criminal Code art. 133 [15]). Whether secret recordings can be used in family cases depends on the circumstances and is disputed. Content obtained by accessing someone else's phone or accounts without permission may likewise be disregarded and may be an offence.

Common mistakes

• Relying on old fault. A custody change rests on facts arising after the decision (art. 183). Past fault in the divorce matters only if it affects the child's current situation.
• Taking matters into your own hands. For the custodial parent, not complying with a contact order can be a ground for changing custody (art. 324(3)). A parent who received the child through the directorate for contact and does not bring the child back to the set place when contact ends may face up to three months' disciplinary detention, on a complaint filed within one month (Law No. 5395 art. 41/F(3)).
• Not listing evidence in the petition (HMK art. 318).
• Drawing the child into the dispute. Expert reports may show how the child is affected by conflict between the parents, and the court weighs this in the child's interest.

6. How does the case proceed, and can you appeal?

1. Petition: the request, the new facts relied on and the evidence; requests on maintenance and contact can be added.
2. Reply: within two weeks (HMK art. 317(2)).
3. Preliminary review and evidence: expert assessment, hearing the child, witnesses, obtaining records.
4. Decision: the court transfers custody, rejects the request or, if requested in the alternative, rearranges contact.
5. Regional appeal (istinaf): within two weeks (HMK arts. 345, 387).
6. No further appeal: regional court decisions in non-contentious proceedings are final (HMK art. 362(1)(ç) [2]). The Court of Cassation treats separately filed custody change cases as falling within this rule, so the custody request cannot be taken to it after the regional court's review (2nd Civil Chamber, 2026/5921 E., 2026/7595 K. [16]).

How long does it take? Under the simplified procedure, evidence should as a rule be completed in two hearings after the preliminary hearing, with no more than one month between hearings; the judge may give a later date, with reasons, where for example an expert examination takes longer (HMK art. 320(3) [2]). The actual duration depends largely on the court's workload and how long the expert assessment takes.

What happens in the meantime? The existing custody order remains in force until changed. If delay would cause serious harm, an interim measure can be requested; these rules also apply to non-contentious proceedings as far as appropriate (HMK art. 389 [2]). Where there is violence, contact can be ordered to take place with a supervisor, be limited or be suspended (Law No. 6284 art. 5(1)(ç) [17]).

7. What happens to maintenance and contact?

• New maintenance: the parent without custody must contribute to the child's care and education costs according to their means (art. 182(3)). When custody changes, this duty may move to the other parent.
• Existing maintenance: when circumstances change, maintenance is reset or ended on request (art. 331 [1]). Ask for the old child maintenance to end, and for new maintenance if needed, together with the custody request. The Court of Cassation has examined a request to end child maintenance as ancillary to the custody case (2nd Civil Chamber, 2019/2532 E., 2019/4235 K.).
• Contact: the parent who loses custody is also entitled to appropriate contact (art. 323); a new contact schedule should be requested.

8. Hypothetical example

This example is entirely hypothetical. At divorce, custody of a ten-year-old was given to the mother, with the father having contact every other weekend. Over a year, most visits do not take place. The father applies to the judicial support directorate, whose records show the child was not brought to the handover point. He asks for custody, or failing that a new contact arrangement. The court obtains an expert report and hears the child. If the experts report a strong bond with the mother and that moving would harm the child, the court may keep custody unchanged and rearrange contact. If the obstruction has seriously damaged the child's relationship with the father and living with him is in the child's interest, the court may transfer custody. The outcome depends on all the evidence and the child's interests.

9. Frequently asked questions

Can I file again after a custody request was rejected?

Yes, if new facts have arisen. Unless the law provides otherwise, non-contentious decisions do not have binding final effect on the merits (HMK art. 388). Filing again on the same facts will not, as a rule, lead to a different result.

My former spouse and I agree to change custody. Do we still need a court?

Yes. Transferring custody from one parent to the other is for the court (HMK art. 382(2)(b)(13)). Your agreement carries weight, but the judge still checks that the change is in the child's interest.

The custodial parent has moved the child to another city. Does that change custody by itself?

No. Moving is listed as a new fact in art. 183, but the outcome depends on the child's interest. The court may instead adapt the contact arrangement to the new situation.

If I get custody, what changes for school and health matters?

The parent with custody makes and carries out the necessary decisions on the child's care and upbringing in the child's interest (art. 339), including school and health decisions. On important matters, the child's views are taken into account as far as possible (art. 339).

Do I need a lawyer?

No, you can file yourself. However, the duty to list evidence in the petition and the fact that a custody request cannot be appealed beyond the regional court make it important to prepare the file fully from the start.