PERSONAL RELATIONSHIP CASE
PERSONAL RELATIONSHIP CASE
In my column in the newspaper this week, I will try to explain a very important topic to you. As you are aware, there has been an increase in divorce cases in recent times. Under the Turkish Civil Code, divorce cases are divided into two categories: uncontested and contested.
Regulated under Articles 323, 324, and 325 of the Turkish Civil Code, personal relationship cases are as follows;
The scope of personal relationship is divided into two: personal relationship with the mother and father, and personal relationship with third parties.
Each parent has the right to request the establishment of a suitable personal relationship with the child when the conditions are met. Each parent has the right to request a suitable personal relationship with the child who is not under their custody, as well as with the child who has not been left in their care. When deciding on divorce or separation, the family court regulates the rights of the parents and their personal relationships with the child. It is also possible for parents to file a lawsuit regarding personal relationships during the continuation of the marriage union. In the context of the provisions on filiation, it is possible for third parties to establish a personal relationship with the child if the conditions are met. For third parties other than the parents to establish a personal relationship with the child, it is not sufficient to prove extraordinary circumstances; it must also be proven that establishing a personal relationship aligns with the best interests of the child. Personal relationship refers to the mutual rights of each parent and, in extraordinary circumstances, other persons to the extent that it serves the child's best interests, to spend a certain amount of time with, meet with, or communicate with a child who is not under their custody or has not been left in their care. A personal relationship is not solely a result of filiation or custody. In a divorce case, a family court judge should not make a personal relationship arrangement for minors who are legally established not to be the common children of the parties. Spouses are also obliged to show care and attention to their minor stepchildren. The spouse who exercises custody over their own child is assisted by the other spouse in an appropriate manner; to the extent that the situation and conditions require, the spouse represents the child for their needs. This obligation should not be used as a justification for making a personal relationship arrangement with the child a spouse had with someone else. There may be a filiation issue between the genetic parents and the child who is the subject of the personal relationship arrangement. A family court judge cannot make a personal relationship arrangement in a divorce case until the filiation issue is resolved. As is known, the filiation issue must be considered a prejudicial issue by the judge hearing the divorce case. If the father has displayed behavior indicating doubts about the filiation of the child during or before the divorce case, the personal relationship arrangement should be limited or not made at all. It is not a requirement that a lawsuit for the denial of paternity has been filed or rejected for the common child. It is sufficient for the father to have expressed his opinion on this matter. During the continuation of the marriage union, if the conditions are met, a lawsuit for a personal relationship with the common child can be filed independently of a divorce case or even if there is no divorce case.
Personal relationship cases are divided into three categories: a lawsuit to establish a personal relationship, a lawsuit to modify a personal relationship, and a lawsuit to terminate a personal relationship.