In short
A breach of personal contact is a debate about handover and about execution of the decision or enforcement proceedings; it is not custody changing hands of itself.
A breach of personal contact is a debate about handover and execution. Custody does not change hands of itself.
Showing the child as a party harms the best interests.
If the place of handover is written in the decision, the actual application in Ankara is looked at from that line.
Related articles: a change of custody.
A first practical order
- Document the day, the hour, and the place of handover in the decision; keep a record of a spoken "I will not bring them".
- Do not mix the route of execution or of enforcement proceedings with an action for custody.
- If there is an allegation of safety, a measure; if there is not, proceed as a breach of contact.
If your contact with the child is being blocked, what should you do at once?
Do not try to take the child by force from the parent who is preventing you from establishing personal contact with your child. If there is a contact decision determined by the court, apply to the Directorate of Judicial Support and Victim Services for the decision to be carried out with the support of a specialist. If there is not yet a decision on personal contact, an arrangement that can be carried out, containing the day, the hour, the place of handover, and, if needed, special conditions, needs to be asked for from the family court.
In the first event, if possible, communicate in writing, calmly, and with a focus on the child. Document that you were ready at the place and the hour of handover in the decision; avoid threat, insult, or physical intervention. If there is an urgent risk relating to the child's safety, a suspicion of abduction, or violence, rather than waiting for the ordinary handover process, the police, the public prosecutor, and the mechanisms of social services should be considered.
This text is general information. The scope of personal contact changes according to the child's age, their state of health, the current decision, and the conditions of safety.
Custody and personal contact are not the same thing
Custody gives the parent a right and a responsibility as to the child's care, education, protection, and representation. Personal contact enables the parent to whom custody was not left, and the child, to form a regular bond. The parent who has custody cannot, by their own decision, remove the other parent's whole relationship with the child. The other parent, while using the right of personal contact, should also have regard to the daily arrangement of care of the parent who has custody, and to the child's needs.
The court assesses personal contact not as the parent's "reward", but as an arrangement that protects the child's family bond. The basic measure is the best interests of the child. Age, school, health, the distance between the parents, the child's habits, and a security risk if there is one, are examined together. The article on how custody is determined explains in detail the place of these measures in the decision on custody.
A decision on personal contact generally arranges these subjects:
- The weekends, or the weekdays, on which the contact will take place
- The start and end hours
- The sharing of the festival, the mid-term, and the summer holiday
- The place of handover and of return
- Travel between cities, and, if needed, the conditions of accompaniment
- Specialist supervision, if the child's age or the risk position requires it
An uncertain expression such as "they see them at suitable times" can give rise to a new conflict in practice. The calendar needs to be adapted to the child's real life.
The route to be followed if there is no court decision
The parents may be married and living apart, a divorce action may be continuing, or an arrangement of contact may never have been established as regards a child born outside marriage. If a written and sustainable agreement cannot be secured, an arrangement of personal contact is asked for from the family court. Asking for an interim measure of personal contact while the divorce action continues is possible too.
In the request, rather than only saying "I want to see the child", a model that fits the child's age and programme should be proposed. The court is not bound by the proposal; it can obtain a social inquiry or a specialist opinion. While the request is prepared, this information is useful:
- The child's date of birth, school, and health arrangement
- The frequency of earlier contact with the parent, and the relationship of care
- The parties' places of residence, and the possibilities of travel
- A suitable point and hours of handover
- Health or safety conditions that affect the contact, if there are any
- Written communication and earlier attempts that show the allegation of blocking
In very young children, short and more frequent contact can be thought of; in children of school age, a weekend and holiday arrangement that fits the education calendar. When the distance between cities increases, the burden of travel and the child's need for rest gain importance. There is not a single standard calendar for every family.
How is an existing decision on personal contact carried out?
Court decisions on handover of a child, and on establishing personal contact with the child, have been taken out of the classic approach of the enforcement office and of attachment, and tied to a special system focused on the child. The application is carried on through the Directorates of Judicial Support and Victim Services, with the support of the specialists who are assigned. The aim is to reduce the child being exposed to conflict, and to the pressure of enforcement, during the handover.
The general flow of the application is as follows:
- A decision that can be carried out is prepared. The court decision that shows the days of personal contact and the conditions of handover is obtained.
- The unit with authority is determined. An application is made to the Directorate of Judicial Support and Victim Services with the duty, according to the place where the child is and where the decision will be carried out.
- The particulars of the party and of the child are put forward. The current address, the telephone, and, if needed, the school or special health information are notified.
- The handover plan and the notification are made. The unit communicates with the parties according to the scope of the decision, and notifies a suitable place of handover.
- One is ready at the time that was determined. The parent who will have the contact complies with the hour of the decision and with the specialist's direction.
- Blocking, or a failure to comply, is entered in the record. If the handover does not take place, the related minute and the later transaction are carried on by the unit.
- Repeated problems are taken to the court. If a change of the calendar, a measure, or an assessment of custody is needed, an application is made to the family court.
These transactions do not mean the child being attached as if they were goods. It is aimed that the places of handover are friendly to the child, and that the specialists reduce the child's anxiety. Because the current distribution of duties can differ according to the courthouse, the official unit information should be confirmed before the application.
How can the blocking be documented?
In order to prove a breach of personal contact, it should first be shown that you acted in accordance with the decision. Going on the wrong day or at the wrong hour, changing the place of handover one-sidedly, or bringing the child back late gives rise to mutual allegations. The calendar particulars can be kept in a telephone reminder, and the travel plan can be made beforehand.
For a lawful record, these methods can be used:
- Sending a short and respectful written confirmation message before the handover
- Keeping travel or location documents that show one was at the place and the hour in the decision
- Obtaining the minutes of handover, or of not coming, that the specialist unit drew up
- Keeping messages and emails with a content of blocking, with their whole context
- Asking for the related document if it is said that the child could not attend because of school or health
- Keeping a chronological chart that contains the date, the hour, and the result for each event
A secret sound recording, access without permission to a private account, or taking a video by questioning the child can be contrary to the law and to the child's interest. Exposing the other parent on social media also enlarges the dispute and harms the child's privacy. An official minute is, for the most part, a safer source of evidence than an individual record made in conflict.
How is the child not wanting contact taken up?
The child resisting the contact should be taken seriously; the result "the other parent is filling them" or "the child does not love me" should not be drawn, however, without the reason for the resistance being investigated. Past violence, a long separation, the conflict between the parents, a new family arrangement, the school programme, or pressure of loyalty can affect the child's attitude.
The view of a child whose power of discernment has developed is taken into account by the court and the specialists. This view is not always decisive on its own; whether it was formed freely, and its fit with the long-term interest, are assessed. Putting a child of a young age into a vehicle by force, questioning them with "whom do you love more?", or trying to persuade them with a promise of a gift can damage the relationship of trust.
A suitable solution, according to the nature of the event, can be one of these:
- A short and gradual calendar of contact
- Contact with a specialist at a centre that is friendly to the child
- Telephone or video communication being used as temporary support
- Counselling for the parents, or psychosocial support suitable for the child
- The calendar being updated by the court according to the health and school arrangement
If the security risk is real and current, a limitation of personal contact, its being established under supervision, or, exceptionally, its being removed can be asked for from the court. One of the parties cannot give this decision on their own in a lasting form.
Does systematic blocking affect custody?
The parent who has custody is expected to support the child's healthy bond with the other parent. Constant blocking without a valid reason, not complying with the handover decisions, and making the child take sides can be a negative fact in the assessment of custody. Custody does not change automatically on every breach of handover, however. The court examines the whole environment of care, and its effect on the child, together.
If a change of custody is being thought of, these questions should be answered:
- Is the blocking a single event, or a pattern that shows continuity?
- What do the official handover minutes and the correspondence show?
- How are the child's education, health, and emotional development affected?
- Can the parent who makes the request offer regular and safe care?
- Can a lighter arrangement of personal contact resolve the problem?
An action for a change of custody gives detailed information about changed conditions and the arrangement of evidence. This action should be thought of not as a tool for punishing the other parent, but as a solution if the current arrangement is not protecting the child's interest.
Frequent conflicts such as maintenance, a new spouse, and a change of city
Maintenance not being paid does not give a right to block personal contact. Contact being blocked does not remove the maintenance debt either. These two subjects should be resolved on their own official routes. An approach of "showing the child in return for payment" is both legally problematic and wearing for the child.
One of the parents marrying again does not remove the contact automatically either. If there is an allegation that the new spouse caused concrete harm to the child, it is put before the court with its evidence. Abstract jealousy, or a disagreement, is not enough.
Moving to another city with the child can make the current weekend calendar unable to be carried out. A new plan of personal contact can be asked for, taking into account the travel time, the cost, the school, and the holiday periods. On a long distance, longer but less frequent holiday contacts, and regular online communication, can be assessed together.
The arrangement of the application in Ankara and in Çankaya
In Ankara, for the court decision to be carried out, an application is made to the Directorate of Judicial Support and Victim Services, or to the unit assigned for this work in the current judicial organisation. The place where the child is, and the area where the handover will be made, are important in identifying the right unit. The address of a party in Çankaya may not, on its own, determine the same unit in every event.
Before the application, a copy of the decision, identity, the current address, the telephone, and the obligatory health information about the child should be prepared. Because the place of handover, the appointment, and the method of notification can change over time, the official channels of the courthouse should be taken as the basis. The caseload of the court, or the plan of the unit, can affect the period; it does not change the principle of the best interests of the child.
For the general legal frame of personal contact, custody, and the family arrangement after divorce, the page on family law can be looked at.
A final approach that protects the child from the conflict
When contact is blocked, use the court decision and the route of application supported by a specialist, rather than taking the child from school in reaction, arguing in front of the home, or making the child a carrier of messages between the parents. Document every blocking calmly; comply yourself, in full, with the hour of handover and with the child's routine. If there is no decision, ask for a calendar that can be carried out; if the decision is insufficient, ask for a change.
This content is not a legal opinion relating to the concrete file. When the child's age, the current decision, the allegation of safety, and the earlier handover records are examined together, the most measured route that will re-establish personal contact can be determined.
Where the obstacle to contact is read from
The record of personal contact is separated from the action for custody. A period that is not written in the file is not added. The office being in Çankaya does not choose the family court with venue. The place of handover is read from the record in the decision.
Conclusion
This writing is for general information. The document, the period, and the procedure of the concrete event must be read separately; there is no promise of a result from memory.