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child residency and divorce

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Old 13-04-2014, 00:12   #1
child residency and divorce

 
Varsayılan child residency and divorce

Hi

Maybe you can help me. i left my husband in november 2012 after he wanted to divorce me,we married in turkey and had our child in turkey.With his permission i return to the uk with our daughter.I have since taken a residency order for my daughter in England which i understand turkey is part of the hague convention and this residency should be recognised in turkey.Between my husband and myself we agreed he would allow me to obtain residency for our child in the UK and i would send his lawyer power of attorney to represent me to allow my husband to divorce me without my presence in Turkey.I maintained all along i didnt want a divorce but my husband did so i sent the power of attorney. It has been months and nothing came of the divorce, but a couple of days ago without any notice my husband has now told me we are divorced.I have had no communication of this from our joint lawyer and wondered is this normal practise?I only have my husbands word that it was this simple and he also said he didnt go to court.Although i have legal custody/residency of my child im still worried that a court in turkey could give my husband custody.Is this legal to not inform a person of the court date and also not show a copy of the intended documents to be taken to court.My understanding is the lawyer was going to say we both agreed to divorce and our daughter is with me in England. Im concerned as i have booked flights for this month and i feel vulnerable going there without seeing the divorce papers.Do the divorce paper clearly state where a child lives on them.My husband said he has to wait 15 days for the papers is this also normal? Hope someone can help me .Many Thanks
Old 19-04-2014, 15:40   #2
Av.Kadir ORUÇ

 
Varsayılan child residency and divorce

Hi,
The lawyer you have given power can not represent the other party at the same time in the divorce case. It is very likely that your lawyer and your husband carried out consensual divorce at the court and finalized it (by accepting not to exercise appealing right). Or they might have to wait completion of 15 days appealing period which is necesseary for finalization of the decision.Since you have appointed a lawyer, all notifications have to be made to him/her in the name of you. So, you should contact with the lawyer to whom you gave power and request him/her to send one copy of the divorce decision to you. In the divorce decision, it certainly must be determined by the court to whom the custody of the child has been given.

Best regards.
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