Good news from the Supreme Court to the grandfathers who long for grandchildren
For the grandparents whose children divorced and longed for grandchildren for years, a precedent decision was taken from the Supreme Court of Appeals. Grandfather and grandmother; The high court pointed out that seeing the grandchildren, enjoying the love of the grandchildren and giving this love to the child are their most natural rights; Although the parties were hostile, it paved the way for grandparents to host their grandchildren on board.
A dispute broke out between the father and the family who lost their daughter about the custody of the children whose mothers died. The Family Court gave the father custody of two children aged 7 and 4. The court did not allow the grandparents, who were hostile to the father of the children, to host their grandchildren as boarders. The Family Court will meet with the grandparents of the two brothers from 10:00 to 17:00 on the 4th Sunday of every month, from 12:00 on the 2nd day of religious holidays to 15:00 on the same day, every decided to arrange a personal relationship from 10:00 a.m. on July 1 to 17:00 on July 10. The grandparents, who suffered from the loss of their daughters, objected to the decision, stating that they could not get enough of loving their grandchildren. The District Court of Justice rejected grandparents' requests to host grandchildren as boarding houses. Grandparents, who longed for grandchildren, appealed this time.
They also have the right to embrace their grandchildren
The Supreme Court of Appeals 2nd Civil Chamber made a good news for grandparents and grandparents who had longed for their grandchildren for years. In the decision; In Article 325 of the Turkish Civil Code; "If there are extraordinary situations, the right to ask for a personal relationship with the child to the extent it is in line with the interests of the child may be granted to other persons, especially their relatives." It was stated that the plaintiff's grandparents had the most natural right to love their grandchildren and to ask for a personal relationship with him. It was underlined that the disagreement between the father and the plaintiffs should not prevent the plaintiffs from establishing personal relationships with their grandchildren.
The decision included the following statements: “It will be in their best interest to spend time with grandparents to overcome this deficiency of children who lost their mothers, and to determine that the personal relationship to be established will also support the mental state of the children during the mourning process, as stated in the social examination report. Although it is correct to decide by the court of first instance to regulate the duration of personal intercourse; It is understood that the duration of personal contact between the plaintiffs and their two grandchildren is short on religious holidays and on the 4th Sunday of every month. Considering the interests of the children, between the plaintiffs and the grandchild, it was necessary to decide on the reversal of the verdict in order to establish a personal relationship with a more appropriate period of accommodation and without hesitation in execution. It was unanimously decided to annul the decision of the Legal Department of the Regional Court of Justice to quash the decision of the 6th Family Court. "