Protection Measure Regarding Children
Child Protection Law Article 7- (1) Protective and supportive measure orders regarding children may be issued by the child judge upon the request of the child’s mother, father, guardian, the person responsible for the care and supervision of the child, the Social Services and Child Protection Agency, and the public prosecutor, or ex officio. (2) A social investigation regarding the child may be conducted before a measure order is issued. (3) The type of measure shall be specified in the order. One or more measures may be decided upon. (4) The judge may also decide to place the child, for whom a protective and supportive measure has been ordered, under supervision. (5) The judge may decide to lift or modify the protective and supportive measure, taking into account the child’s development. In urgent cases, this decision may also be rendered by the judge of the place where the child is located. However, in this case, the decision shall be notified to the judge or the court that issued the previous order. (6) The implementation of the measure ends automatically upon reaching the age of eighteen. However, the judge may decide to continue the implementation of the measure for a certain period to allow the child to continue their education and training, provided that the child’s consent is obtained. (7) Regarding the child in need of protection, the court is authorized to decide on matters of custody , guardianship , trusteeship , alimony, and the establishment of a personal relationship, in addition to the protective and supportive measure order, pursuant to the provisions of the Turkish Civil Code No. 4721 dated 22.11.2001.
TO THE HONORABLE CHILD COURT
APPLICANT FOR MEASURE : ATTORNEY :
SUBJECT : Our request for a measure order regarding the child pursuant to Article 7 of Law No. 5395.
EXPLANATIONS : 1-) Our client [Name-Surname] has a son named [Name-Surname], born on [Date] in [Place] (ANNEX 1). In file no. [Year/No] E., a decision of non-prosecution was rendered regarding our client’s son because the minor had not completed the age of 12 at the time of the offense (ANNEX 2).
2-) Our client’s spouse passed away while their children were very young. Therefore, our client is trying to provide for the child’s care alone. However, she faces significant difficulties in meeting both the needs of the household and the care and expenses of the child. She desires her child to complete his education and have a good profession but believes she cannot afford this within her means. Although the minor is not yet 12 years old, he is highly influenced by his friends in his environment; even though he does not have a criminal personality, he is significantly affected by his surroundings and peers.
3-) Since the minor is a “child driven to crime” as defined in the Child Protection Law, it has become mandatory to obtain a protection order regarding the minor. This is to ensure the child receives proper care and education until our client overcomes her economic difficulties, to cover the child’s maintenance costs, and, if necessary, to place him in a boarding school or a protection shelter.
LEGAL GROUNDS : Law No. 5395, Articles 5, 7. LEGAL EVIDENCE : 1- Civil Registry Record, 2- Court decision no. [Year/No] E., [Year/No] K.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully submit and request on behalf of our client that the necessary actions be taken to obtain a protection order for the minor. [Date]
ANNEXES: 1- Civil Registry Record 2- Court decision no. [Year/No] E., [Year/No] K. 3- One certified copy of the Power of Attorney
Counsel for the Applicant Atty. [Name Surname]