MD80 FLT CREW REPORTS FLAP HANDLE FAILURE AFTER DEPARTURE; ALLOWING FLAP HANDLE TO MOVE ON ITS OWN. AFTER CONSULTING WITH MAINTENANCE FLT CREW RETURNS FOR OVERWEIGHT LANDING.

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ON DEP; CALLED FOR SLATS RETRACT. FO MOVED HANDLE AND SLATS DID RETRACT; HOWEVER; THE HANDLE WOULD NOT LOCK INTO THE UP/RETRACT DETENT. WHEN HOLDING THE HANDLE ALL THE WAY TO THE UP/RETRACT STOP; THE SLATS APPEARED TO BE FULLY RETRACTED. THE HANDLE WOULD SLIDE BACK ON ITS OWN WITH AN ACCOMPANYING DISAGREE LIGHT WHEN NOT BEING HELD. WE CONTINUED OUR CLBOUT THINKING THAT WE MAY BE ABLE TO CORRECT THE PROB. WHEN IT LOOKED LIKE WE WOULD NOT BE ABLE TO CORRECT THE PROB; WE ADVISED ATC THAT WE WOULD LIKE TO LEVEL AT 13000 FT AND WE MAY BE RETURNING. WE CONSULTED WITH MAINT. THEIR FEELING WAS A BROKEN SPRING IN THE HANDLE AND THAT WE SHOULD RETURN. WE ADVISED ATC THAT WE WOULD BE RETURNING. BASED ON THE FACT THAT THE FO AND I WERE NOT 100% SURE OF WHAT WAS CAUSING THE PROB; WE ELECTED TO LAND OVERWT WHILE WE FELT WE STILL HAD CTL OVER THE FLAPS/SLATS. INITIALLY I HAD DECLINED RESCUE EQUIP. WHILE NOTIFYING DISPATCH; HE WANTED TO VERIFY THAT WE HAD DECLARED AN EMER. THINGS WERE A LITTLE BUSY UP TO THIS POINT; BUT MY MEMORY WAS JOGGED THAT AN OVERWT LNDG CONSTITUTES AN EMER. I DECLARED AN EMER WITH ATC. WE CONSULTED THE QRH AND VOLUME 1 FOR OVERWT LNDG PROCS. ON DOWNWIND; WE WERE OFFERED A LONGER RWY WITH THE WIND OUT OF 160 DEGS. WE ACCEPTED. WE HAD NOTIFIED THE FLT ATTENDANTS AND THE PAX OF A NORMAL LNDG. THE RESCUE EQUIP WAS STANDING BY. THE #1 FLT ATTENDANT CALLED UP AND ASKED ME TO EXPLAIN TO THE PAX ABOUT THE RESCUE EQUIP. I DID. WE TAXIED TO THE GATE. I MADE ENTRIES IN THE LOG FOR THE FLAP/SLAT HANDLE AND THE OVERWT LNDG. MAINT FOUND A LINKAGE FOR THE UP/RETRACT DETENT WAS STIFF AND REQUIRED CLEANING AND LUBRICATION. IN SUMMARY; WITH DOUBT AS TO WHAT THE PARTICULAR DEFECT MIGHT BE; I ELECTED TO EXERCISE EMER AUTH FOR AN OVERWT LNDG.