WHAT IS A PERSONAL RELATIONSHIP?
A personal relationship refers to the child’s meeting, staying or communicating with the mother and father, for whom custody of the child is not left to him, or with another person who is in the best interests of the child in extraordinary circumstances, for a certain period of time. Since the right to request the establishment of a personal relationship is among the rights of a person, this right cannot be wa dec in advance and this right cannot be transferred to someone else.
Decisions on the establishment of a personal relationship do not constitute a material final provision. For this reason, the court, deciding to establish a personal relationship, always takes into account the facts that damage the child’s safety with priority attention and can reorganize and remove the personal relationship at any time according to the changing conditions in the future.
HOW ABOUT ESTABLISHING A PERSONAL RELATIONSHIP?
The court always takes into account and rearranges the facts that damage the child’s trust according to the changing circumstances, even after the personal relationship has been established. The most important and important thing that should take precedence in establishing a personal relationship is the superior benefit of the child. Satisfaction of maternal or paternal feelings remains at the forefront in the eyes of the court. Mom, dad or 3 after the established personal relationship. a person should not prevent the other’s relationship with the child and avoid damaging their relationship.
WHAT IS THE BASIS FOR ESTABLISHING A PERSONAL RELATIONSHIP WITH THE CHILD?
The health benefit of the child is primarily taken into account. It is important to identify health problems and get a report. The child should not be forced to burdensome trips.
The benefit of the child in terms of education is taken into account. A personal relationship should be established taking into account school semesters, courses and holidays. No personal relationship arrangement should be made between the child’s school and course days.
The moral benefit of the child should take precedence.
In terms of the child’s age; If he is a child in need of maternal care and affection, this situation is taken into consideration in court.
The benefit of the child in terms of safety is taken into account as a priority.
WHAT IS THE CASE FOR THE ABOLITION OF PERSONAL RELATIONSHIP?
Firstly, the establishment of a personal relationship is not an absolute necessity. For this reason, if there are conditions, the personal relationship can be removed. Court parents or 3. although it determines the personal relationship between a person and a child, it can always decouple the personal relationship according to the circumstances that change over time. The supreme benefit of the child always precedes satisfying the sense of maternity and paternity in the eyes of the court.
If necessary, an expert opinion or a way of preparing a report by consulting with expert parties can be applied in the case of removal of a personal relationship. The child should be interviewed while the report is being prepared. If the child is at the age of realization, the child himself can be listened to in the case of the abolition of a personal relationship. The choice of the child who is listened to in this way is important and is taken into account by the court. The directed statements of children who are not of the age of understanding are not taken into account by the court. The outstanding benefit of the child is decided by the court by conducting the necessary research.
A provision cannot be made by the court to the parties in such a way as to burden the taxpayer by going beyond their demands, and a provision cannot be made other than the demands of the parties, unless it is necessary by the court and requires the superior benefit of the child. However, as mentioned earlier, the court will be able to take all the necessary measures if there are situations where the child’s best interests require it.
If the child has become an adult during the case for the abolition of a personal relationship, it should be decided that there is no room for a decision, since the case will remain without a topic.
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