Changing The Surname Of A Child Under Custody – Competent Court
T.C COURT OF APPEALS
18th Civil Chamber Case No. :2016/5008
Decision No. :2016/7757
Date of Decision : 12.05.2016
COURT: Court of First Instance
In the petition, it was requested that the surname of the daughter under her custody, …, be changed to her own surname, ….
The court decided to accept the case, and the defendant … appealed the decision.
After determining that the appeal was filed within the time limit, all the documents in the file were read and the necessary considerations were made:
The plaintiff … requested in the complaint that the surname of her daughter …, who is under her custody due to divorce, be changed to her own surname
…. The court decided to accept the case.
The case concerns the request to change the surname of the child, whose custody was granted to the mother as a result of the divorce, to the mother’s own surname.
In the present case, the provisions of the Turkish Civil Code on custody
and the precedents adopted by the General Assembly of the Supreme Court (HGK’s November 18, 2015
decision no. … regarding Article 4 of the Law on the Establishment, Duties, and Procedures of Family Courts,
the case should have been heard and decided by the Family Court, but it was instead heard by the Conciliation Court
was deemed inappropriate.
Therefore, the establishment of the judgment in writing without considering the aforementioned principles is incorrect,
and the appeals are justified for these reasons. Accordingly, without further examination of other aspects,
the judgment is hereby SET ASIDE in accordance with Article 428 of the Code of Civil Procedure, on May 12, 2016, by unanimous decision.
Decision