Turkey: New Era In Turkish Family Law: Quicker And Easier Way To Enforce The Right To Personal Relationship With The Child

Enforcement and bankruptcy provisions will no longer be applied as a sanction on the parent who does not comply with the decision on other parent's right to personal relationship with the child. Enforcement shall be conducted by judicial support specialists, with the attendance of a professional such as a pedagogue, psychologist or child development specialist, and if necessary, with the assistance of police force.

With the Draft Law on Victims' Rights, prepared by the Ministry of Justice, enforcement and bankruptcy provisions will no longer be applied as a sanction on the parent who does not comply with the decision on other parent's right to personal relationship with the child.

Draft law sets out that personal contact with the child is to be carried out without the need for any judicial procedure within the scope of mutual tolerance and benefit of the parties so that the child may be brought up as a healthy individual in accordance with his/her best interests.

According to the draft, if a decision on the personal relationship with a child is not fulfilled by the obligor, the other party may apply to the justice and the victim services directorate that is located in child's residence.

The directorate shall contact the obliged party to give the child to the other party on the date and time specified in the court decision.

If this request is not followed, the decision shall be enforced by the directorate by force upon request.

Enforcement shall be conducted by judicial support specialists, with the attendance of a professional such as a pedagogue, psychologist or child development specialist, and if necessary, with the assistance of police force.

Those who act against the decision on the personal relationship with the child and those who prevent the decision from being fulfilled shall be punished by a preventive detention for up to six months upon complaint.

In addition, the court may give the custody to the opposite party or appoint a guardian if the parent who has the custody does not fulfill his/her obligations in accordance with the court decision for more than once without justifiable grounds.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.