TO THE JUDGE OF THE ….. CIVIL COURT OF PEACE
PLAINTIFF: TC No:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
MATERIAL REASON:
SUBJECT: Submission of our petition requesting the removal of guardianship.
OUR EXPLANATIONS
1-) In the case file numbered …/…/… T. …/… E. …/… K. of the …. Civil Court of Peace, it was requested that a guardian be appointed for the minor … … on the grounds that the interests of … … and the minor … … would conflict in a paternity suit to be opened regarding the birth of the minor … … from … … with whom … … had an unregistered relationship, and as a result of this case, our client … … has been appointed as guardian.
2) The aforementioned paternity suit was filed on …/…/… in the … Court, case number …/…/… T. …/… E. …/… K., and the decision was reached on …/…/… and became final on …/…/….
3) Article 447 of the Turkish Civil Code No. 4721 states:
“Representative guardianship ends upon completion of the task assigned to the guardian.
Administrative guardianship ends upon the cessation of the reason requiring the appointment of the guardian or upon the removal of the guardian. Legal consultancy ends by a decision of the guardianship authority in accordance with the provisions regarding the termination of guardianship.”
Within the framework of this provision, since the paternity suit has been filed and finalized, the task undertaken by our client as a guardian has ended.
4) For the reasons explained above… This petition necessitates requesting the court to revoke the guardianship of our client, who was appointed as guardian by the decision of the Civil Court of Peace dated …/…/… T. …/… E. …/… K.
LEGAL GROUNDS: Articles 1, 4, 5, 6 of Law No. 6100; Articles 403, 426, 428, 429, 430, 431, 477, 478 of Law No. 4721.
LEGAL EVIDENCE: 1-) Decision of the … Civil Court of Peace dated …/…/… T. …/… …/… K.
2-) Decision of the … Court dated …/…/… T. …/… E. …/… K.
CONCLUSION AND REQUEST: For the reasons explained above, …. We respectfully request that your court revoke the guardianship of our client, who was appointed as guardian by the decision of the Civil Court of Peace dated …/…/… T. …/… E. …/… K. …/…
ATTACHMENTS:
Plaintiff’s Attorney
Attorney
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