After people divorce, there are many problems solved by the court. One of them is the case of custody and negotiation of children born in the Union of marriage. Custody of each of the children can be granted to the mother or father depending on the situation. If siblings are given to different parents, arrangement cannot be made in such a way that siblings cannot see each other. Because even if the divorce is between spouses, their children should be protected.Dec. The development of a sense of brotherhood among children cannot be prevented decisively. You can look at the example Supreme Court decision.
2.Legal Department
Base Number: 2020/3411
Decision Number: 2020/3968
“Case Law Text”
Court: Samsun district court 4. Legal Department
Case type: consensual divorce
At the end of the reasoning of the case between the parties, the provision given by the legal department of the District Court Court, the date and number shown above, was appealed by the plaintiff-Counter-Defendant male in terms of defect determination, custody, alimony and compensation, the documents were read and discussed decisively:
1-file the posts in the appropriate research to be done to disrupt the process, and specifically on the appreciation of the evidence by the court the plaintiff is not a mistake-the flaw of man against the defendant loaded as “money he doesn’t leave home” because it is not a case of cruel to be installed as the flaw of man that he wouldn’t, but other offending behaviour accepted by the court and realized their divorce, according to the event giving rise to the understanding that man is still flawed, according to the plaintiff-the defendant appeals against the man that fall outside the scope of the clause following objections are unjustified.
2-common children of the parties custody of Ali Kemal, born in 2010, was granted to the father, and custody of Pelin, born in 2013, was granted to the mother, and the children arranged a personal relationship so that they would not see each other. The plaintiff-Counter-Defendant father’s request for custody was rejected by the District Court. As the child given custody to the mother and the child given to the father are not able to see each other, the personal relationship established every year during the semester break is of the nature to prevent the development of a sense of brotherhood between the children decisively. Since this did not require a retrial, this part of the provision had to be corrected and upheld (HMK md.370/2).
Result: above (2.) from the provision of the decision appealed for the reason shown in Paragraph B of Paragraph 3. Monday Saturday Saturday August Sunday August 9:00 Dec. from August 1 to August 15, from August 17: 00 Dec., the first week of the semester holiday Monday August 09: 00 until Saturday 14: 00 after the first week of the semester holiday Monday 09: 00 until Saturday 14: 00 to establish a personal relationship by taking the children from the side of the plaintiff father in person and delivering them at the end of the period.”, again, Paragraph B 6. Monday Sunday Saturday Saturday 09.00 until 14.00 “instead of removing the words” second week of semester holiday every year Monday 09.00 until 11.00 on Saturday ” by adding these parts of the provision in the corrected form, the other parts subject to appeal are above (1.) to be approved for the reason shown in the bent, to be given back to the Depositor on request of the appellate advance fee, to the court of First Instance of the file, it was unanimously decided that a sample of the decision should be sent to the legal department of the relevant District Court.21.09.2020 (Wed.) (HMK=Code OF Civil Procedure)
