T.C. COURT OF CASSATION 2. DEPARTMENT OF LAW E. 2015/7575, K. 2015/23897, T. 14.12.2015
- THE CHILD WHOSE CUSTODY HAS BEEN GIVEN TO THE MOTHER DECLARES THAT SHE DOES NOT WANT TO MEET WITH THE FATHER (The High Benefit of the Child’s Intellectual and Moral Development and the Child’s Body Should Also be Observed When Establishing a Personal Relationship with the Children / The Court’s Opinion of the Common Child, who is at the Age of Understanding the Expert Report on the Defect Situations of the Parties, and That a Personal Relationship with the Plaintiff Father Should Not be Established at This Stage, Taking Into Account the High Benefit of the Child)
- OPINION OF THE CHILD OF REAL AGE REGARDING CUSTODY (The Expert Report on the Defect Situations of the Parties at the Hearing and the Court, in Which the Court Declares That It Does Not Want to Meet with the Father of the Child Listened To by the Experts Appointed by the Court, and That a Personal Relationship with the Plaintiff Father Should Not Be Established at This Stage, Taking Into Account the High Interest of the Child)
- ESTABLISHING A PERSONAL RELATIONSHIP WITH THE CHILD (The Child Who was Listened To by the Experts Appointed by the Court at the Hearing Is at the Age of Understanding and Does Not Want to Meet with His Father / The Expert Report on the Defect Situations of the Parties by the Court is the Opinion of the Joint Child Who Is at the Age of Understanding and That a Personal Relationship with the Plaintiff’s Father Should Not be Established at This Stage, Taking Into Account the High Benefit of the Child)
- Measure of support (Divorce/Separation – Especially during the continuation of the court case, which is required for the accommodation of care in the management of spouses and children goods that we have to take temporary measures for protection of ex officio/parties on a case by considering the economic and social situations of the woman for the benefit of the defendant will be awarded alimony Measure the proper amount)
ABSTRACT : 1-When establishing a personal relationship with children, it is necessary to observe the high benefit of the child’s body, intellectual and moral development, as well as the satisfaction of maternal and paternal feelings, when establishing a personal relationship with children. It is always desirable in changing years. The court should not establish a personal relationship with the plaintiff father at this stage, taking into account the defect situations of the parties, the expert report, the opinion expressed by the common child of the age of understanding and the high benefit of the child. 2-When a divorce or separation case is filed, the judge must take the necessary, especially temporary measures related to the housing of the spouses, livelihood, property management (and the care and protection of children) on his own (if necessary) during the continuation of the case.Taking into account the economic and social situation of the parties, it is necessary to decide on the appropriate amount of alimony for the benefit of the defendant woman, effective from the date of the case.
CASE: At the end of the trial between the parties, the judgment given by the local court, the date and number of which are shown above, was appealed by the defendant woman in terms of personal relationship, child support and compensation for determining a defect; the appeal review was requested to be held decisively; the defendant and the opposing plaintiff’s attorney who appealed on the 14.12.2015 day set for the hearing arrived. After the conversation of those who came was listened to, it was deemed appropriate to leave it until after the hearing for the work to be examined and decided. Today, all the papers in the file have been read and discussed and considered as necessary:
Decision : 1-the decision is based on the evidence in the file the posts and especially the woman’s complaint upon the defendant gerektirici legal reasons, the plaintiff in the event that led to the prosecution of the man, the woman that he used the constitutional rights of the defendant against him is not to be considered defect, unnerving exhibiting the behavior of the woman in the events that lead to the divorce the defendant according to the understanding that there is completely defective, the defendant appeals that fall outside the scope of the following clause objections of the woman are unjustified.
2-The joint child, whose custody was given to the mother, was born in 2004 and is of middle age. He was listened to at the hearing and by the experts appointed by the court, and declared that he did not want to meet with his father. When establishing a personal relationship with children, it is necessary to observe the high benefit of the child’s body, intellectual and moral development, as well as the satisfaction of maternal and paternal feelings. It is always desirable in changing years. The court required that the parties’ defect situations, expert report, the opinion expressed by the common child who is at the age of understanding and the high benefit of the child should not be established at this stage with the plaintiff’s father in a personal relationship (TMK.md.324), while the provision should not be overturned in writing.
3-When a divorce or separation case is filed, the judge decides that during the continuation of the case, it is necessary, in particular, to provide housing for the spouses (TMK art.186/1), livelihood (TMK md.185/3), management of goods (TMK art. 223, 242, 244, 262, 263, 264, 267, 215) and for the care and protection of children (TMK md.185/2) he must take temporary measures on his own (if necessary) (TMK art.169). In that case; 185/3 of the Turkish Civil Code. and 186/3. in accordance with the articles, taking into account the economic and social situation of the parties, it is necessary to decide on the appropriate amount of child support for the defendant woman’s benefit effective from the date of the case, while the decision in writing was found to be contrary to the procedure and law.
CONCLUSION : The above-mentioned provision of the appeal 2. and 3. for the reasons shown in the paragraphs, the other parts of the appeal subject to DETERIORATION that are outside the scope of the violation are listed above 1. it was unanimously decided on 14.12.2015 that the APPROVAL for the reason indicated in the paragraph, the return of the advance fee of the appeal to the depositor upon request, and the way to correct the decision within 15 days from the notification of this decision would be open.
