Declarations
Reservations
Articles: 24, 25, 30
Declaration:
07-10-2016
1. Turkey declares that her signing/ratification of the “Convention on the international recovery of
child support and other forms of family maintenance” neither amounts to any form of
recognition of the Greek Cypriot Administration’s pretention to represent the defunct “Republic
of Cyprus” as party to the “Convention on the international recovery of child support and other
forms of family maintenance”, nor should it imply any obligations on the part of Turkey to enter
into any dealing with the so-called Republic of Cyprus within the framework of the said
“Convention on the international recovery of child support and other forms of family
maintenance
“The Republic of Cyprus” was founded as a Partnership State in 1960 by Greek and Turkish
Cypriots in accordance with international treaties. This partnership was destroyed by the Greek
Cypriot side when it unlawfully seized the state by forcibly ejecting all Turkish Cypriot members
in all the state organs in 1963. Eventually, Turkish Cypriots who were excluded from the
Partnership State in 1963 have organized themselves under their territorial boundaries and
exercise governmental authority, jurisdiction and sovereignty. There is no single authority
which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek
Cypriots and consequently Cyprus as a whole. Thus, the Greek Cypriots cannot claim authority,
jurisdiction or sovereignity over the Turkish Cypriots who have equal status or over the entire
Island of Cyprus.
2. The Republic of Turkey declares that:
In accordance with subparagraph “a” of the first paragraph, the maintenance obligations shall
be extended to the children who have not attained the age of 25 years, provided that the
education of the childeren continues.
In accordance with the third paragraph, the application of the whole of the Convention shall be
extended to the maintenances towards spouses, mentally and physically disabled children –
who cannot sustain their lives – without any age limits and mothers and fathers who are in
need of care.
3. The Republic of Turkey may request the inclusion of following documents to the applications
under the Convention:
- a certified copy of the complete text of the maintenance decision, and the decision amending
this maintenance decision, if any;
- the documents indicating that the case and the court decision was served to the debtor, if
required;
- the information and documents related with the identity of the debtor and if any, the
photograph of the debtor;
- the information and documents related with the legal representative of the debtor and the
creditor;
- the birth certificate and family registry of the child; if not, other documents proving paternity;
- the document about the marital status of the creditor in the requests of welfare allowance;
- the document, indicating that the education continues, in the requests towards accruing
maintenance credits of the children who have attained the age of 18 years;
- the indexation method in case of adjusting the maintenance debt by indexation, the interest
rate to be paid and the date of the beginning of the interest in case of an obligation of
interest payment;
- the authorization certificate indicating that the applicant has authorized the Central Authority of the Republic of Turkey;
- the list of accrued maintenance debts, and payments, if any.
4. The Republic of Turkey declares that it shall prefer the Article 24 in the application of recognition and enforcement.
5. The Republic of Turkey, in accordance with subparagraph “a” of the third paragraph of the Article 25 declares that a certified copy of the decision given by the competent authority in the State of origin must accompany the application.
Reservation:
07-10-2016
The Republic of Turkey, in accordance with Article 30 reserves the right not to recognize and enforce maintenance arrangements.