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Staying Abroad with the Child in Common during the Divorce Proceedings in Turkey

As it is stated in the answer of the 2nd question, the court will rule for the temporary custody during the proceedings. The child in common will stay with the party who has the right of custody during the proceedings.  During this period, the party who has not the right of custody will be entitled to have personal relationship on the days to be specified by the Court.  According to the article 323 of Turkish Civil Code numbered 4721; “Either of mother and father has right to request to be formed personal relationship with the child who has not been under his or her parental custody or who has not been left to him or her.’’


In case that the custody of the child in common is entrusted to you, it is possible that you go abroad with the child without the consent of the other party in condition that you abide by the days specified by the court for the personal relationship of the other party. Decision dated 17.10.2006 of Court of Appeal states that; “Not establish a personal relationship between the defendant party father and the child Mehmet of which temporary custody is entrusted to the mother is against the law and the procedure.’’  Again in the decision dated 15.06.2010 of Court of Appeal; … While the personal relationship is being regulated, in addition to the benefit of the child, it is also important to satisfy parental emotions, the duration of personal relationship must be sufficient, if the parties are living in different cities, it should be considered the difficulties for child to travel between parties. It is understood that the defendant father lives in Gölbaşı district of Adıyaman and the child in common Ayşe who is given to the plaintiff mother lives in Malatya with her mother. With the above mentioned reasons, instead of regulating the personal relationship with reasonable time, the written decision of the court is not lawful.”


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