While divorce marks the beginning of a new life for spouses upon the dissolution of their marriage, this process becomes even more complex and delicate when there are children in common. In the Turkish legal system, custody is generally awarded to one parent upon divorce, while the right of the non-custodial parent to maintain personal contact with the child is also guaranteed. This right is vital for the child’s healthy development and the ability to maintain ties with both parents. Unfortunately, especially in large cities like Antalya, serious difficulties can arise in establishing personal contact with a child after divorce. Despite court orders, the child may not be handed over or relationships may be blocked. This article will examine in detail the legal aspects of the inability to establish personal contact with a child after divorce in Antalya, including possible solutions and the principle of the child’s best interests.
The Right to Establish Personal Relationships with Children After Divorce and Its Legal Basis
When a divorce is granted, the court determines child custody and establishes a personal relationship between the non-custodial parent and the child. This arrangement is determined in the child’s best interests and takes into consideration a variety of factors, including age, health, education, and the parents’ living conditions.
Personal Relationships in the Turkish Civil Code
Article 323 of the Turkish Civil Code (TCC) clearly states that a parent who is not granted custody has the right to establish a suitable personal relationship with a child. This article is not merely a right, but also a reflection of the child’s need to maintain a stable and healthy relationship with both parents. The legislator has emphasized that granting custody to a single parent does not mean severing ties with the other parent. A personal relationship arises from the necessity of both parents playing an active role in the child’s physical and mental development.
Scope of Personal Relationship Regulation
A personal contact arrangement isn’t just about seeing the child on specific days. This arrangement can include the time the child spends with their parent (weekends, public holidays, religious festivals, summer vacations), communication methods (phone calls, video calls, letters), and even special occasions (birthdays, school events). Courts base these arrangements on the principle of “the child’s best interests” and determine the conditions that will foster a healthy relationship appropriate to the child’s age, academic standing, and social environment. For example, shorter and more frequent contact arrangements can be made for younger children, while longer and more flexible periods can be made for adolescents.
Case of Non-Delivery of the Child Despite a Personal Relationship Decision
Unfortunately, despite a court-ordered contact order, it is common for the custodial parent to refuse to hand over the child to the other parent or to prevent contact from being established. This situation negatively impacts the child’s psychological well-being and causes significant hardship for the parent in question.
Problems Encountered in Application
There are many reasons why a child may not be returned or their personal relationship may be blocked. Sometimes, it’s the custodial parent’s anger or feelings of revenge towards the other parent, sometimes it’s the child’s own desires (which may often be driven by the custodial parent), and sometimes it’s a lack of communication or distrust between the parents that leads to these problems. Such situations, especially in a dynamic city like Antalya, can be further complicated by the parents’ differing living conditions and social circles. Parental alienation can profoundly impact a child’s long-term mental health and their relationship with their parents.
Legal Sanctions and Remedies
If a court order is not implemented, there are various legal remedies and sanctions available to the parent whose right to personal contact has been blocked: * Child Return by Enforcement: If the court order is not enforced, the parent who does not have custody can apply to the enforcement office to request the return of the child. Pursuant to relevant articles of the Enforcement and Bankruptcy Law, the enforcement office is responsible for ensuring the return of the child, accompanied by an expert (pedagogue, psychologist, social worker). This process must be carried out with sensitivity to protect the child’s mental health. * Preventive Imprisonment: A custodial parent who fails to comply with the court order (or court order) regarding the return of the child or the establishment of personal contact, or who obstructs the implementation of this order, may be subject to preventive imprisonment pursuant to Article 341 of the Enforcement and Bankruptcy Law. This imprisonment can be imposed as a disciplinary detention of up to three days. The purpose of preventive imprisonment is to ensure compliance with the order and to encourage the custodial parent to fulfill their obligations. * Custody Change Suit: If the custodial parent consistently prevents personal contact, severing the child’s ties with the other parent, this violates the principle of “best interests of the child.” In such cases, the non-custodial parent may file a custody change suit and request that custody be granted to them. In such a case, the court conducts a detailed investigation and consults expert reports to reach a decision that best protects the child’s best interests. * Material and Non-Pecuniary Damages: If the conditions are met, a lawsuit for material and non-pecuniary damages may be filed for damages suffered due to the denial of personal contact.
Evaluation of the Lack of Personal Relationship in Terms of the Child’s Best Interest
The inability to establish a personal relationship with a child is more than just a disagreement between parents; it’s a serious issue that directly impacts the child’s future and mental health. In Turkish law, the principle of “the child’s best interests” is always paramount.
Effects on the Child’s Psychological Development
For a child to achieve healthy psychological development, it is crucial for them to establish a stable and loving relationship with both parents. A child deprived of one parent may feel incomplete, unloved, or abandoned. This can lead to a variety of psychological problems, including anxiety, depression, anger management issues, academic failure, and social adjustment difficulties. Projecting interparental conflicts onto the child and attempts to stifle personal relationships can lead to a child experiencing loyalty conflicts and harboring unjustified negative feelings toward one parent.
The Role of the Court and Expert Opinions
In cases where personal contact cannot be established, the courts conduct a meticulous review to protect the child’s best interests. During this review, a specialized team consisting of a pedagogue, psychologist, and social worker may be assigned. The experts interview both the child and the parents, presenting reports to the court detailing the child’s current situation, their relationship with the parents, the reasons for the hindrance to personal contact, and how the child is affected by this situation. The most appropriate solution is determined by considering the child’s age and cognitive abilities, along with their own opinions. Antalya Family Courts also place great importance on expert reports during this process.
Legal Process and What to Do in Case of Failure to Establish Personal Relationship
When faced with a sensitive and complex situation such as a lack of personal contact, taking the right legal steps is crucial. Incorrect or incomplete steps can further prolong the process and increase the child’s suffering.
Evidence Collection and Documentation
In cases where a personal relationship cannot be established, gathering evidence to prove this is critical. Records of the times the child was picked up but not returned, correspondence between parents (text messages, emails, WhatsApp messages), witness testimonies, interviews with school or daycare officials, and official records indicating the child was not returned (e.g., court records) are all important evidence. This evidence, when presented to the court, will help prove that the custodial parent failed to fulfill their responsibilities.
Legal Consultancy and Lawyer Support
It’s crucial for parents facing such a situation, whether in Antalya or elsewhere, to seek legal advice from an experienced family law attorney without delay. The attorney will assess the current situation, determine the most appropriate legal course of action, file the necessary applications, and represent their client in court proceedings. This process requires a sensitive approach that considers not only the legal procedures but also the child’s psychological well-being. Legal support plays a key role in preventing loss of rights and expediting the process.
Changing Circumstances and the Reorganization of Personal Relationships
A court-ordered personal relationship arrangement may prove inadequate or unworkable over time due to changing circumstances. For example, the child’s age, school status, the custodial parent’s relocation, or persistent restrictions on personal contact may necessitate a review of the existing decision. In such cases, a lawsuit for personal relationship reorganization can be filed, requesting the court to make a decision appropriate to the new circumstances. The court will make a new arrangement based on expert reports and available evidence, taking into account the child’s best interests. In Antalya, the inability to establish personal relationships with a child after a divorce is a matter of great sensitivity, both legally and humanly. It is essential for every parent to respect their child’s right to bond with the other parent for their child’s healthy development. Failure to implement court orders is not only a legal violation but can also cause deep wounds that negatively impact the child’s future. In such cases, it is crucial for parents seeking legal assistance to seek the support of an experienced legal professional to properly manage the legal process and protect the child’s best interests. It should not be forgotten that every step in this process is to ensure the child’s right to a healthy future.