T.C.
SUPREME
2.LAW OFFICE
BASE NO: 2015/11374
DECISION NO: 2015/12897
DECISION DATE: 17.06.2015
(4721 PP. MK m. 182, 339)
Abstract: the right of custody as a natural result of the exercise of the right of custody of the spouse who has it, the fact that the partner takes the child abroad does not depend on the consent of the divorced spouse.
At the end of the reasoning of the case between the parties, the provision given by the local court was appealed by the defendant in terms of not seeking the father’s permission on foreign trips, the documents were read and discussed decisively.:
The use of custody as a natural consequence of his wife’s custody rights, child abroad to have divorced his wife to the public, as there isn’t attached muvafakatine the custody of the mother and the father of a child “no” of the authorities of the country where the child will be taken without an “entry visa” since you didn’t have been presented a document on the request, a denial of the decision should be made when the facility has been seen in written form towards the provision.
Conclusion: it was unanimously decided on 17.06.2015 that the appeal provision should be returned to the Depositor on request for the reason shown above (to be overturned), and that the way to correct the decision should be open within 15 days from the notification of this decision.
