Enforcement & bankruptcy · Legal information

Is a Judgment Ordering Handover of a Child a Money Claim?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A judgment ordering handover of a child is not money enforcement. If the judgment ties handover of the child to a ruling, the enforcement paper carries that ruling too. A payment order asks for a money claim. The handover paper is not a money order written under another name.

From whom, where, and by which contact the child is taken is not in this text. The writing only reads the enforcement paper of the judgment. The place of handover, the officer, and the manner of contact are not written.

The paper is built from the operative clause

The enforcement paper is built from the handover clause of the judgment placed in the request for proceedings. If the clause writes handover, the subject of the paper is handover. Money that is not written in the clause is not added to this paper. If the copy of the judgment is not in the file, the paper is not built from a ruling that was remembered. A sentence in the reasoning does not become the subject of the paper if it is not in the clause.

The particulars of the judgment are read from the lines for the court, the file number, the decision, and the date. If the particulars are faint, or the copy is missing, the missing line is not completed. The request for proceedings must show which clause of which judgment it carries. A clause that was not shown is not stuck onto the paper later. If there is more than one judgment, each judgment carries its own clause. One is not copied as the handover ruling of the other.

A record of finality, or of being fit for enforcement, is read from the annotation on the judgment. If there is no annotation, this text does not say that it has become final, or that it cannot yet be lodged. The creditor in the proceedings is the party who holds the judgment. The child is not written as an amount on the cover account. The child's name is not the explanation of a money head. The name serves to show to whom handover is written in the clause. If the name is not in the clause, the name is not invented from the civil registry and added to the paper.

A payment order does not carry this ruling

A payment order is the paper by which a money claim is notified to the debtor. Proceedings without a judgment for a money claim such as rent are in the article on a rent claim. That article describes the accrued rent and the immovable record. The paper of a judgment ordering handover of a child does not sit on that frame. The handover clause is not renamed as rent, or as some other money.

The first reading of a person who receives a payment order is in the article on enforcement came when I have no debt. That reading describes an objection to money proceedings. The route of objection in money proceedings is not stuck onto the handover paper. A petition that was stuck on does not turn the clause of the judgment into a money debt. If a money debt is also in the ruling, that clause stands in its own proceedings. It is not buried inside the handover paper.

Proceedings on a money judgment are not a handover paper either. A money judgment carries the amount and its accessories. A handover judgment can be a ruling to do something that carries no amount. If the two judgments stand in the same file, the request separates which one's handover clause it carries. A request that does not separate them does not have the handover counted as money that was collected.

A maintenance clause is a separate head

Maintenance may also have been written in the same judgment. Maintenance is a periodic money claim. Its proceedings are not buried inside the handover paper. The amount of maintenance is not added to the enforcement file as the counterpart of the handover ruling. If there are two clauses, the two heads are read separately. One is not marked in place of the other.

How the maintenance will be collected is not the subject of this writing. If the amount is not in the judgment, it is not added. Opening money proceedings is not counted as having performed the handover clause. The handover paper does not close the maintenance debt either. Accrued maintenance and accumulated accessories are not written on the explanation line of the handover paper. If they are written, the paper ceases to be a handover ruling and turns into a money request. This turn does not change the clause. If the clause still says handover, the money line does not take the place of that clause.

A clause on custody, on personal relations, or on another matter of family law is not a copy of the handover clause either. This text does not write how those clauses are applied. It only reads this: the paper is built from the handover clause placed in the request for proceedings. Another clause is not renamed as handover. If the clauses were joined in a single sentence, the joining does not give authority to add money.

An eviction order is not a handover judgment

An eviction order asks the tenant to vacate the immovable. The period of that order, the record of leaving, and the line for goods are in the article on an eviction order. The paper of a judgment ordering handover of a child is not a copy of the eviction order. Vacating the immovable is not read as handover of the child. Eviction from the dwelling is not counted as having performed the handover clause.

The route of objection in the eviction order is not stuck onto the handover paper. A petition that was stuck on does not change the ruling of the judgment. Delivery of goods is not the subject of this judgment either. The child is not written on the enforcement papers as if they were a movable. A list of goods is not placed in the annex of the handover paper. If it is placed, the list does not produce a ruling about property that is not in the judgment. If goods are also written in the judgment, that clause is read separately. The goods clause does not take the place of the child's clause.

The address of the leased place is not the particulars of the handover judgment. The address belongs to the eviction file. Adding an address to the handover paper and joining eviction with handover does not make the two rulings a single paper. If two sets of proceedings were opened, the paper of each shows its own judgment. A mix-up of file numbers does not join the rulings.

A costs line does not make the ruling into money

A costs line can run in the file. Costs do not turn the handover ruling into a money claim. The amount of the costs is not in this text. Money proceedings opened in order to collect the costs are not the enforcement paper of the handover clause. If the two papers stand in the same file, the request shows from the clause of the judgment which one carries the handover ruling.

Counsel's fee, the fee, and the cost of service are not the price of the handover. These lines can stand on the cover account. The cover account does not turn the child into an amount. Payment of the costs does not mean the handover clause was executed. Non-payment of the costs does not turn the clause into a money judgment either. The two outcomes ask for separate papers.

With which officer, and by which contact, the handover of the child is carried out is not written. A step of application is not written either. A period that does not appear on the paper is not added to this text. If the judgment left the application to another institution, this text does not describe that institution's work. If the sentence of leaving it is not in the clause, the name of the institution is not added. Even if it is in the clause, this page does not turn that sentence into an instruction for application. What is read is which ruling the paper carries.

If there is more than one child in the judgment, the paper shows the child the clause names. If the clause writes all the children in a single sentence, the paper carries that sentence. A child who is not named in the clause is not added as a sibling. If age or a school record is not in the clause, it is not written on the paper. These records do not describe how the handover will be carried out either. The description is not in this text.

The request for proceedings rests on the copy of the judgment. If the copy is not in the file, the paper is not built from a summary. If the summary and the clause conflict, the clause is read. If a correcting decision changed the clause, the paper carries the changed text. If the changed text is not in the file, the old clause is not assumed to have changed. If the old clause and the new clause stand side by side, the request writes which one it placed in enforcement. If it does not write it, the two texts are not counted as the same ruling.

A person other than the parties to the judgment is not written on the paper as the debtor. A third person who is not in the clause is not completed as a party. If the name of an institution does not appear in the clause, the institution is not made the debtor in the proceedings. The service record of the paper does not change the content of the ruling. Service does not rewrite which clause the paper carries either. If a currency, interest, or an accessory stands beside the handover clause, these are a separate head. A separate head does not become the subject of the handover paper. If a decision on recognition, or on enforcement of a foreign judgment, carries this judgment, the text that is read is the clause that stands together with that decision. If the decision is not in the file, the foreign text is not completed on its own as the basis of the paper. A translation does not add money that is not in the clause. A translation does not have the method of handover written on this page either. If more than one judgment concerns the same child, the clause of each judgment is read separately. If the later judgment does not write that it changed the earlier one, the earlier clause is not counted as having fallen away. The paper carries the judgment the request for proceedings shows. A judgment that was not shown is not put in place of the other.

Conclusion

A handover judgment is not maintenance proceedings, a payment order, or eviction enforcement. The enforcement paper carries the handover clause in the judgment. Money that is not in the clause is not added. A costs line does not make the ruling into money. How the child is taken is not written. The frame is on the enforcement and bankruptcy law page. The statute is shown as the Enforcement and Bankruptcy Code, Law No. 2004. This page does not draw the manner of applying the judgment out of that text and write it. The office record is on the contact page.

Legislation

Frequently asked questions

Does a payment order issue for a judgment ordering handover of a child?

No. A payment order asks for a money claim. The enforcement paper of a handover judgment carries the handover record in the operative clause. A money order is not the handover ruling under another name.

Is the maintenance in the same judgment written on the handover paper?

It is not written. Maintenance is a periodic money claim. It is not turned into a sum as the counterpart of the handover clause. If there are two clauses, the two heads are read separately. Collection of the maintenance is not the subject of this text.

Does an eviction order stand in for a handover judgment?

It does not. An eviction order asks the tenant to vacate the immovable. The paper of a judgment ordering handover of a child is not a copy of that order. The route of objection in the eviction order is not stuck onto this paper.

Does the enforcement paper carry money that is not in the ruling?

It does not. The paper is built from the handover clause of the judgment placed in the request for proceedings. Money that is not written in the clause is not added. If the copy of the judgment is not in the file, the paper is not built from a ruling that was remembered.

Is how the child is taken in this text?

It is not. This text only reads the enforcement paper of the judgment. The place of handover, the officer, and the manner of contact are not written. A costs line does not turn the handover ruling into money proceedings either.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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