WHAT IS THE CRIME OF OPPOSITION TO THE DELIVERY OF CHILDREN (NON-SHOWING CHILDREN)?
341 of the Bankruptcy Code of the Bailiff for the crime of not showing children. it is regulated in its article under the heading “opposition to the order for the delivery of children”. The law provides that a person who does not fulfill the requirement of a decision on the delivery of a child or prevents it from being fulfilled will be punished with up to 6 months of hard labor.
In divorce cases, personal relationship is established between the dec who does not have the right to custody and the joint child by giving custody to the mother or father in consideration of the superior benefit of the joint child. In some cases, the party who has the right of custody may prevent him from establishing a personal relationship with the other party by reflecting problems with the other party on the joint child. In this case, the decision on the delivery of the child will be violated and the offense of not showing the child will occur, which will be regulated by the Enforcement Bankruptcy Code and the details of which will be explained below.
WHAT IS CUSTODY AND PERSONAL RELATIONSHIP?
Custody is the right granted to the mother or father to assume the care and responsibility of children under the age of 18 who are not adults or people who are adults or who are restricted by the court. The right of custody belongs by law to the parents of the child. In case of divorce of the parties, custody of the child is determined on a temporary basis during the case, taking into account the superior benefit of the parties. As a result of the lawsuit, the right of custody of the other spouse over the child ceases when it is permanently given to one of the parents or father.
A parent who is not granted custody has the right to request a personal relationship between him and his child by dec. A personal relationship is an arrangement made between a mother or father who is not granted custody and a child’s interview at certain times and under certain conditions. The court makes a self-assessment in the matter of custody, taking into account the best interests of the child. It establishes certain days, times and conditions for the party to whom the right of custody is not granted to meet with the child. The party whose custody is assigned to him should not prevent the joint child from establishing a personal relationship with his parents on the appointed day and time.
HOW IS THE CRIME OF NOT SHOWING (HANDING OVER) THE CHILD FORMED?
The crime of not showing the child occurs if the right of custody is not granted to him and the mother or father, with whom a personal relationship has been established by the judge, are prevented from having a personal relationship with the child. The party who has the right of custody does not allow him to establish a personal relationship with the child at the time and conditions established by the court. If the court decision on the establishment of a personal relationship is violated and the child is not shown, enforcement proceedings will be initiated on behalf of the child’s surrender.
In the executive directorate, the decision on the establishment of a personal relationship should be followed up due to the execution and the delivery of the child should be requested. A parent who does not fulfill the requirement of a court decision or an interim decision on the delivery of a child, despite the follow-up filed, will decriminalize “opposition to the child delivery order”. The party to whom the court has decided to establish a personal relationship between the child and the dec has the right to complain to the parent who does not show the child.
With the follow-up filed, the executive order will be notified to the mother or father who has custody of him. If the child is still not shown after the notification has been made and personal relations are prevented from being established, the party who does not have the right of custody will have the right to complain.
WHAT ARE THE CONDITIONS FOR THE OFFENSE OF NOT SHOWING THE CHILD?
In order for the child not to be shown, that is, for the crime of opposition to the child delivery order to be committed, it is necessary that there is a personal relationship decision issued by the court first. As a result of an interim decision or a final decision to be made by the Family Court, it will be decis dec to establish a personal relationship between the parent and the child who are not granted custody. In case of non-compliance with the court decision in question, the crime of not showing a child will occur.
After the child is not shown, enforcement proceedings should be initiated for the purpose of enforcing the decision on the delivery of the child. 25 of the Executive Bankruptcy Code. according to the article, the party who is obliged to deliver the child within the legal period upon the follow-up initiated for the delivery of the child must not have delivered the child without a justified reason.
After the child is not shown, a report is drawn up by the bailiffs that the child has not been shown. In this case, the party that does not have custody, Iik M. 341 will have the right to complain as required.
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