Losing custody in an international divorce

by | Feb 1, 2025

Turkish mother moved back home

I have represented several Turkish nationals in a variety of scenarios. Recently, I was contacted by a panicked young mother. While in Turkey with her son, she had been served with an Oklahoma petition for dissolution of marriage and custody. Due to her financial circumstances, the language barrier, and the difference in time zones, she was unable to find counsel in time, and her former partner, the Oklahoma petitioner, obtained judgment against her by default. The default decree awarded him custody of their young son.

Divorce filed in Oklahoma

Their son had been born in Turkey. After his birth, both parents and the child traveled to Oklahoma and lived together. After their breakup, the mother had returned to Turkey with their child. At the time the petition was filed, the mother and the child had lived in Turkey for approximately 9 months.

Judgement vacated by trial court

I reviewed the court filings and the timeline, and I prepared a motion and brief to set aside the judgment. At the time I filed the motion, the father was actively seeking to execute the judgment and have the child transferred to his custody from Turkey to the United States. In the brief, I demonstrated that the court did not have jurisdiction, a fact that had not been scrutinized largely because the mother did not have counsel at the time the lawsuit was pending. The trial court vacated the judgment and dismissed the case, securing custody of the child in Turkey with his mother.

How to choose your international divorce lawyer

Legal analysis aside, there are many practical issues that are important when choosing a lawyer for an international case.

Accessibility

First, the lawyer must be accessible. When the mother found me, my office and I responded to her, promptly, every time she reached out. Fast, reliable communication across borders and time zones is critical to success.

Situational awareness

Second, the lawyer must have situational awareness. In this particular case, I realized that my client was terrified. The petitioner had provided officials in Turkey with the default judgment, and she was afraid that she could lose her son at any time. It was my job to reassure her about the applicable law and my ability to take action quickly to confirm what we could do for her.

Creativity

Finally, the lawyer must be creative. She was concerned about her inability to travel from Turkey for a hearing. In the brief, we included a request available under the law for her to appear and testify by video. While her brief was being written and filed, I communicated with opposing counsel about the case. I told him very civilly but firmly our client’s position under the law, along with our intentions and desired outcome. This communication was critical to the successful result, as it ultimately led to counsel conceding important points to the court. My office then assisted the client with circulation of the order vacating and the dismissal to all the relevant officials to confirm that custody of the child was vested with the mother.

For me, the most compelling parts of International work are the nonlegal issues that you cannot learn about in books. In Hague Convention child abduction cases, my office has made accommodations for minor children at the courthouse to make them comfortable while they wait to be interviewed by the judge and for the final judgment. We have transported interpreters, parents, and minor children to get them food and to take them to and from airports to facilitate their return travel after trial. Our experience helps us guide clients through the practical logistics that are key to success.

 

Aaron Bundy is an international divorce lawyer with offices in Tulsa (Oklahoma), Bentonville (Arkansas).

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