REPUBLIC OF TÜRKİYE COURT OF CASSATION 2nd Civil Chamber
Basis No: 2015/11374
Decision No: 2015/12897
Date: 17.06.2015
(Turkish Civil Code [TCC] Art. 182, 339)
SUMMARY: As a natural consequence of exercising the right of custody, the spouse who holds the right of custody (velayet hakkı) is not dependent on the consent (muvaffakat) of the divorced spouse to take the joint child abroad.
J U D G M E N T
Upon the appeal by the defendant regarding the part of the judgment rendered by the local court concerning the requirement of father’s permission for trips abroad; the file was examined and the requirements were considered:
The taking of a joint child abroad by the spouse holding the right of custody, as a natural consequence of the exercise of said right, is not dependent on the consent of the divorced spouse. Furthermore, since the custody of the child rests with the mother, and no document was presented indicating that the authorities of the destination country refuse to grant an “entry visa” (giriş vizesi) without the father’s “approval/permission” (oluru-izni), the request should have been rejected. Establishing a judgment in the contrary manner was not found correct.
CONCLUSION: It was UNANIMOUSLY DECIDED on 17.06.2015 to REVERSE (BOZULMASINA) the appealed judgment for the reasons stated above.