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Opinion of a 12-Year-Old Child in Custody Cases

5 Haziran 2026 Civil law 1 dk okuma 39 görüntülenme

TMK Article 339: In custody decisions, children over the age of 12 are heard.

Method of Hearing

  • In the presence of the pedagogue
  • Judge's decision
  • For the benefit of the child
  • No coercion

Effect of the Child's Opinion

  • The decision is not binding, but important
  • The judge evaluates it together with the "benefit of the child"
  • Stronger effect for 15+ years

Supreme Court 2. HD

2. HD accepts that the obligation to listen to the child is "imperative" and that if it is not omitted, the decision will be overturned.

Family/civil law lawyer is recommended.

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