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The Turkish Constitutional Court on international parental child abduction: judgment of Marcus Frank Cerny
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Dr Burcu Yüksel University of AberdeenBy an individual application made by Marcus Frank Cerny in July 2013 (App No 2013/5126) the Turkish Constitutional Court for the first time examined an allegation of violation of rights secured under the Turkish Constitution in the proceedings before the Turkish courts in relation to the 1980 Hague International Child Abduction Convention to which Turkey has been a party since 2000. The court gave its judgment on 2 July 2015 and decided by majority that the applicant's right to respect for family life which is guaranteed under Art 20 of the Constitution was violated.
Mr Cerny a US national was married to AA a Turkish national and they were living in the US with their newborn child. In late 2011 AA travelled to Turkey with the child to attend her sister's wedding and never returned to the USA. While in Turkey she filed a divorce action before the Ankara 9th Family Court. For requesting the return of his child to the USA under the Hague Convention Mr Cerny had applied to the American Central Authority which...
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