Representation of the Child, Child’s Property and Expenses

Management and Protection of the Child’s Property and Appointment of a Curator

In addition to the responsibility of care and representation relating to the person of the child, custody also covers the careful management and protection of the child’s assets. Where the child has real estate, a bank account, a company share, an inheritance right, a compensation claim, assets acquired by gift or other economic values, the nature of the act to be carried out must be examined separately.

Within this scope, the following cases and acts may arise:

• Determining the child’s assets and preparing an inventory
• Reviewing real estate, bank accounts, company shares, inheritance and estate matters
• Disputes over the management of the child’s property and the use of its income
• Assessing the management and use restrictions imposed by the donor or the decedent
• Requesting a protective measure where the child’s assets are endangered
• Where necessary, assessing measures relating to accounting, security or supervision of the management
• Appointment of a curator for representation where there is a conflict of interest between the parent and the child
• Determining the need for independent representation in a case, contract, inheritance or asset transaction to which the child is a party
• Disputes over the transfer of assets and the rendering of accounts upon the end of custody or of the authority to manage the child’s property

Not every act concerning the child’s assets is automatically subject to court permission. However, the nature of the act, the scope of custody, the conflict of interest between the child and the parent and the need to protect the assets may make a court decision, a protective measure or the appointment of a curator necessary. Acts concerning real estate, company shares, inheritance and significant economic values in particular must be assessed under their concrete conditions.

The Link Between Custody, Personal Contact and Child Maintenance (İştirak Nafakası)

Custody, personal contact and child maintenance (iştirak nafakası) are linked but are not the same legal claim. Custody concerns the responsibility for the child’s care, representation and protection; personal contact concerns the arrangement of the relationship with the parent who does not exercise custody; and child maintenance concerns the financial contribution to the child’s care and education expenses.

The mother or father to whom custody is not left is obliged to contribute to the child’s care, education, health, housing and development expenses in proportion to financial means. A change in custody or a change in the child’s needs may require a separate assessment of the amount of maintenance and the sharing of extraordinary expenses.

Non-payment of maintenance does not by itself constitute a legal ground for unilaterally failing to implement the personal contact decision. Likewise, obstruction of personal contact does not justify stopping maintenance payments. Collection of the maintenance claim and implementation of the child handover and personal contact decision are pursued through different legal routes.