Özet:

Establishing a personal relationship with the child is not solely recognised as a right only for the parents but also for the child, and is namely stated as a “vice versa/reciprocal” right in the context of international treaties and in many national legal systems. Parents, child and third persons such as grand mothers and grand fathers have the right to establish a personal relationship. ‘Child’s best interest’ must be the primary and the ultimate principle and the decisive factor in the judge’s decision as it is accepted without exception in all international and national positive law contexts. Besides, child’s opinion and desire should also be taken into consideration, both when maintaining a personal relationship and also when determining the content of it, as it is accepted in international treaties, national legal instruments and doctrines. Hence, the child who has the mental competence should be listened, and when the child rejects the personal relationship, the demand must be refused due to the fact that it is not suitable for the interest of the child. The Turkish Court of Appeals also considers as a principle that when establishing a personal relationship and determining the scope of it, besides the requirement of the child’s opinion to be listened, the age of the child, the education of the child, school terms, holidays and courses must also be taken in account. When the interest of the child is under threat because of the personal relationship and when the mother and father are not seriously take care of the child, when the child is subjected to physical violence or sexual abuse or especially in the case of child abduction by the right holder; the right of establishing personal relationship is absolutely and totally terminated, suspended for a limited time or restricted. Although the termination of the contact is applied as “ultima ratio”, it is accepted in the doctrine that, especially in the case of serious doubt about sexual abuse of the child by the rightholder or the implementation of violence; unless there is a possibility of contact under the supervision of a third party, the maintenance of the personal relationship should be ended

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