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.
Tarık Kurban & Fatma Esra Güzeloğlu
19 July 2017
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.
For more information on child custody or family law in Turkey, you may contact
us at info@guzeloglu.legal