Protective Measures Taken Regarding Children
Child Protection Law
Article 7- (1) A decision on protective and supportive measures regarding children may be taken by the child judge upon the request of the child’s mother, father, guardian, person responsible for their care and supervision, the Social Services and Child Protection Agency, and the public prosecutor, or ex officio. (2) A social investigation may be conducted regarding the child before a protective measure decision is made. (3) The type of measure is indicated in the decision. One or more measures may be decided upon. (4) The judge may also decide to place the child under supervision after deciding on a protective and supportive measure. (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 given by the judge of the place where the child is located. However, in this case, the decision is notified to the judge or court that made the previous decision. (6) The application of the measure ends automatically upon reaching the age of eighteen. However, the judge may decide to continue the application of the measure for a certain period of time, with the child’s consent, so that he/she can continue his/her education and learning. (7) In addition to the decision on protective and supportive measures, the court is also authorized to decide on the issues of custody, guardianship, trusteeship, alimony and establishment of personal relations in accordance with the provisions of the Turkish Civil Code No. 4721 dated 22.11.2001, regarding the child in need of protection.
TO THE CHILD COURT
APPLICANT FOR INTERIM MEASURES:
REPRESENTATIVE:
SUBJECT: Our request for an interim measure decision regarding the child in accordance with Article 7 of Law No. 5395.
EXPLANATIONS:
1-) Our client …. ….. has a son named …… ….., born on …/…/…. Date, ……. Place (APPENDIX 1). 1) Regarding our client’s son, in case file number …./… E., it was decided that there was no basis for prosecution because the minor had not yet reached the age of 12 at the time of the crime (Appendix 2).
2) Our client’s spouse passed away when their children were very young. Therefore, she is trying to provide for her child’s care alone. However, she finds it very difficult to meet both the household needs and the child’s care and expenses on her own. She wants her child to complete his education and have a good profession, but she believes she cannot afford this within her means. Although the minor is not yet 12 years old, he is heavily influenced by his friends and environment; while he may not have a personality type that would lead him to commit crimes, he is very much affected by his surroundings and friends.
3) Since the minor is a child involved in crime, as defined in the child protection law, and our client requests that the child be provided with good care and a good education until they overcome their economic difficulties, including covering the child’s care expenses and, if necessary, placing them in a boarding school or a shelter, a protection order for the minor has become necessary.
LEGAL GROUNDS: 5395 S. 5, 7.
LEGAL EVIDENCE: 1- Population Registration Certificate
2- …./…. E. …./…. K. Court decision
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request and demand, on behalf of our client, that the necessary steps be taken to issue a protection order for the minor. …/…/
ATTACHMENTS: 1- Population Registration Certificate.
2- …./…. E. …./…. K. Court decision.
3- One Certified Power of Attorney Sample
Attorney Requesting the Interim Measure
Attorney