Case For Removal Of Personal Relationship With The Child
WHAT IS PERSONAL RELATIONSHIP?
Personal relationship refers to the child’s meeting, staying or communicating for a certain period of time with the mother and father who do not have custody of the child, or in extraordinary cases, with another person who is in the best interests of the child. Since the right to request the establishment of a personal relationship is among the personal rights, this right cannot be waived in advance and this right cannot be transferred to another person.
Decisions regarding the establishment of a personal relationship do not constitute a final judgement in material terms. For this reason, the court that decides to establish a personal relationship always prioritises and takes into account the facts that harm the safety of the child and may make a rearrangement and remove the personal relationship at any time according to the changing conditions in the future.
HOW IS THE ESTABLISHMENT OF A PERSONAL RELATIONSHIP?
Even after the establishment of a personal relationship, the court always takes into account and reorganises the facts that damage the trust of the child according to the changing conditions. The most important and prioritised consideration in establishing a personal relationship is the best interests of the child. Satisfaction of maternal or paternal feelings is secondary in the eyes of the court. After the personal relationship is established, the mother, father or third person should not prevent the other’s relationship with the child and should avoid damaging the relationship.
WHAT IS THE BASIS FOR ESTABLISHING A PERSONAL RELATIONSHIP WITH THE CHILD?
First of all, the child’s interests in terms of health are taken into consideration. It is important to identify health problems and get a report. The child should not be forced to make burdensome journeys.
The child’s educational interests are taken into consideration. A personal relationship should be established taking into account school periods, courses and holidays. Personal relationship should not be organised on the child’s school and course days.
The moral interests of the child should be prioritised.
In terms of the age of the child; if the child is in need of maternal care and affection, this situation is taken into consideration in the court.
The interest of the child in terms of security shall be prioritised.
WHAT IS THE CASE FOR ABOLITION OF PERSONAL RELATIONSHIP?
First of all, establishing a personal relationship does not constitute an absolute obligation. For this reason, the personal relationship can be removed if the conditions are present. Even if the court determines a personal relationship between the parents or a third person and the child, it can always remove the personal relationship according to the changing conditions over time. The best interest of the child always takes precedence over the fulfilment of maternal and paternal feelings in the eyes of the court.
In the case of abolition of the personal relationship, if deemed necessary, the court may resort to expert opinion or the preparation of a report by interviewing the expert parties. During the preparation of the report, the child must be interviewed. If the child is at the age of cognition, the child himself/herself may be heard in the case of removal of the personal relationship. The preference of the child heard in this way is important and taken into consideration by the court. The directed statements of children who are not at the age of cognition are not taken into consideration by the court. Best interest of the child is decided by the court after the necessary research.
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No judgement may be rendered by the court in a way to impose obligations on the parties by going beyond their requests, and no judgement may be rendered outside the requests of the parties unless it is deemed necessary by the court and unless the best interests of the child require it. However, as stated before, the court may take all necessary measures ex officio in cases where the best interest of the child requires it.
If the child has become an adult at the time of the abolition of the personal relationship, a decision should be made that there is no need to make a decision since the case will be irrelevant.
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