Enforcement proceedings may be initiated against the parent who does not surrender the child despite the custody decision.
Enforcement Process (EBL Art. 25/A)
- Court decision to the enforcement office
- Child surrender order
- Forced surrender to the resisting party
- Police intervention
Child Surrender Center (ÇTM)
- Pedagogue/psychologist under the supervision of
- Surrender of the child without trauma
- Parties not meeting face to face
- Court recommendation
Threat of Changing Custody
- Continuous failure to surrender = change of custody
- TMK Article 183 case
- Behavior contrary to the best interests of the child
Penalty Liability
- TCK article 234: abduction/detention of a child
- 3 months - 1 year imprisonment
- Upon complaint
Supreme Court 2. HD
2. HD accepts that the parent who prevents the delivery of the child may face custody change sanctions, and persistent obstruction will be deemed against the best interests of the child.
Family law attorney is recommended.