Establishing a personal relationship with the childIt is a legal process designed to ensure that the child establishes a healthy bond with one of the parents after divorce or separation. In Turkish law, the form and frequency of this relationship are determined based on the principle of protecting the best interests of the child. During this process, courts conduct a detailed examination in order to prevent situations that will negatively affect the child’s psychological and physical development.
WHAT IS ESTABLISHING A PERSONAL RELATIONSHIP WITH A CHILD?
Divorce or custody case As a result, custody of the child is usually given to one of the parents. The other parent has the right to meet with his child within a certain order. This relationship is legally protected to ensure that the child maintains an emotional bond with the parent. However, the best interest of the child is always prioritized during the organization and implementation of this process.
The right to personal relationship is not only in cases of divorce; It can also be applied in other situations where the child’s relationship with separated parents, guardians or biological parents must be regulated.
HOW TO DETERMINE A PERSONAL RELATIONSHIP WITH THE CHILD?
Establishing a personal relationship with the child is determined by a court decision. The court makes a decision taking into account the child’s age, educational status, living conditions of the parents and all other factors that may affect the child’s best interests. The following steps are followed in this process:
1. Parents’ Requests: The court evaluates how often and under what conditions the parents want to meet with their children.
2. Expert Reports: Reports prepared by social workers or pedagogues play an important role in assessing the child’s needs and his/her relationship with the parents.
3. Child’s Opinion: If the child has sufficient maturity, the court takes the child’s own opinion. However, this opinion does not cause a decision to be taken contrary to the best interests of the child.
4. Result: The court makes the personal relationship arrangement and notifies the parties of this arrangement in writing.
FACTORS CONSIDERED IN A PERSONAL RELATIONSHIP WITH THE CHILD
The court takes the following into consideration when deciding to establish a personal relationship:
• The child’s age and developmental level.
• Physical and psychological condition of the parents.
• Whether it will affect the child’s educational life.
• The material and moral support provided by the parties to the child.
• Risks that may negatively affect the best interests of the child (for example, abuse, violence, etc.).
In this process, the Divorce Lawyer plays a critical role in ensuring that the parents correctly present their demands and rights to the court.
VIOLATION OF PERSONAL RELATIONSHIP WITH THE CHILD
Since establishing a personal relationship with the child is regulated by a court decision, violation of this regulation brings legal sanctions. For example:
• Not allowing the child to meet with the other parent by the person having custody.
• Psychological or physical harm to the child during the interview.
In such cases, the current decision may be requested to be re-arranged by applying to the court. A Divorce Lawyerprovides support to the aggrieved party in the process of detecting violations and taking the necessary legal steps.
CONCLUSION
Establishing a personal relationship with the child is an extremely important regulation for the child to grow up healthy and maintain his/her bond with his/her parents. Conducting this process fairly and accurately is of critical importance in order to protect the best interests of the child. Getting legal support ensures that the rights of both the child and the parents are protected. At this point, a Divorce Lawyer will guide you to carry out the process effectively.
