The first email is from a mother: “I am an Egyptian mother of a boy who was born in Turkey and who has a Turkish father. We were married, but the marriage is not recognized outside of Egypt. We are now divorced, and I was sent back to my country. On my baby's Egyptian birth certificate, the name of his father is listed, and my baby's last name is the same as his father's family name. However, we were told that we don't have the right to inherit or ask for child support because my son's [paternity is not established] in Turkey. So, please tell me what am I supposed to do? I hired a lawyer in Turkey and he betrayed me after taking my money. I have a lawyer in Egypt as well, but I don't know what to do. I don't want my baby to be raised near my husband's family; they steal and allow their teenage boy to slap his sister and bring girlfriends over to the house.
“Moreover, they are not educated, and they tried to kill me and my baby indirectly by turning off the gas in my house after my baby was born so that I would die from the cold. I think that after I try to gain child support, my ex-husband will claim that I don't have as much money as him and so he would take our child away by court order. This is my worst nightmare. You have to remember that I was married to him through an uncertified civil marriage only recognized in Egypt, and this ensures my baby's [rights to support] from his father [in Egypt]. However, I don't know how things are going to be once I bring my case to a Turkish court. ... My ex-husband is now trying to contact me; he says he wants to raise our child in Turkey. I refuse because I don't trust him. He bribed my previous lawyer to not help me, and he does this whenever he has a problem. He pays people so they do not help me. Tell me if you think my case would be successful in court and the expenses involved, and do you think the court will ask me to be present?”
Before I start, I cannot imagine a lawyer who would betray his/her client because of a bribe by the other party or by other means. I know lawyers who were on trial for several other matters such as negligence, but I haven't heard of any lawyer who betrayed his client because of payment from the other party. Any lack of service quality might be related to a client failing to fulfill his/her obligations. There may be several reasons that may cause one to be unhappy with his or her lawyers' services, but bribery should not be one of them.
You should be aware that such unregistered marriages will not be recognized in Turkey. The reason is that this marriage is in conflict with the “ordre public” (public order) of Turkey. The Turkish legal system does not recognize unregistered marriage but welcomes couples getting married before the proper authorities. Unregistered marriages are illegal, but people can live together without being married in Turkey. The documents demonstrating the marriage in Egypt, regardless of their validity in Turkey, should help you in establishing the paternity of your child.
Once you prove the paternity, you will be able to ask for payments from the father for the support of your son, and the father has to pay these child support payments. If the father fails to pay the fees designated by the court, you can start a collection process against the father.
I would say the court will ask you to be present, and indeed this would be good to give the court a clearer picture. However, if you have difficulties being present before the court, you can explain this to the judge in a timely manner. I would also strongly advise you to report your husband to the prosecutor's office and to the judge if he threatens you, and they will take measures to protect you.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender. DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
