Interim custody (geçici velayet) refers to the protection that regulates with whom the child will stay while the proceedings continue and how the child’s care will be carried out. In a divorce or separation case, measures concerning the child may arise under TMK Article 169; where the spouses live apart while the marriage continues, they may arise within the framework of TMK Articles 197 and 336. An interim decision does not mean that final custody will necessarily be left with the same parent.
When an interim arrangement is requested, one should not be content with a request merely that “the child be given to me.” Housing, school, health, expenses and a safe arrangement for contact with the other parent must be considered together. The aim is a workable decision that reduces uncertainty in the child’s daily life.
What is the legal basis of interim custody?
If a divorce or separation case is pending
TMK Article 169 provides that, once a case is filed, the judge takes the necessary interim measures on his or her own motion. The care and protection of the children are among these measures. The fact that the judge may act ex officio does not make it unnecessary for the parent to state the urgent situation and needs clearly. A risk that does not appear in the file, or a disruption in care, may be difficult to detect in time. [1]
The request may be submitted in the divorce petition, in the response petition or during the proceedings. It must be explained with whom the child currently lives, how this situation came about, why the care must be regulated and which measures are requested. If a new health or safety need arises while the case continues, the earlier statements must be updated.
If the spouses live apart without a divorce case having been filed
The spouses’ living apart does not mean that problems concerning the child can be resolved only by filing for divorce. TMK Article 197 provides, under certain conditions, for measures concerning the spouses and the necessary arrangements for minor children when the spouses suspend their life together. TMK Article 336/2 also provides that, where the common household is terminated or the spouses are separated, custody may be given to one of the spouses. [1]
In the decision of the 2nd Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi) dated 09.01.2017, E.2016/23663, K.2017/112, the regulation of the child’s interim custody was requested together with an independent maintenance claim. The Chamber stated that custody had to be regulated in the specific case in which the parties lived apart, and did not find the rejection of all the requests correct. [2]
This decision shows that a spouse’s own maintenance claim and the protection of the child must be assessed separately. It does not show that the same arrangement will be established in every case of living apart, or that all of the spouse’s requests will be accepted. The circumstances of the separation and the child’s needs are examined in the specific file.
Are interim custody and an interim injunction the same thing?
Although in everyday language every interim decision is called a “measure” (tedbir), the legal basis matters for the application and the route of appeal. The TMK Article 169 measure within a divorce cannot be regarded as subject entirely to the same regime as an interim injunction (ihtiyati tedbir) under HMK Article 389 and following. The protection requested in a case to modify an existing final custody decision is also assessed separately. [1, 3, 4]
| Situation | Basis to be examined first | Practical difference |
|---|---|---|
| Pending divorce or separation case | TMK Article 169 | Interim arrangement concerning the child within the case |
| Living apart without a divorce case | TMK Articles 197 and 336 | The nature of the separate application and the rules of jurisdiction are examined |
| Case to modify a final custody decision | Protection provisions and HMK, according to the nature of the request | The existing judgment and the limits of interim intervention are important |
| Violence or risk of violence | Law No. 6284 and the relevant child protection provisions | The special procedure of the protective order applies separately |
Placing the heading “interim injunction” on a petition does not by itself change the legal nature of the request. It must be determined which provision the decision rests on, what it regulates, and whether it is an interim decision or a decision concluding an independent application.
On what basis does the court issue the interim decision?
At the interim stage as well, the criterion is the child’s best interest. The child’s actual care, age, special needs, existing school and health arrangements, the parents’ circumstances and safety risks are assessed. Urgency may affect the scope and order of the examination; however, it cannot replace the child’s best interest.
The child’s being with a particular parent is an important datum. Nevertheless, how the child came to be there, the sustainability of the care and the relationship with the other parent are investigated. Creating a de facto situation by removing the child without the other parent’s knowledge does not give an automatic advantage.
Can a decision be made without waiting for the social investigation report?
Depending on the nature of the urgent needs, the court may make an interim arrangement on the basis of the information and documents available and then broaden the examination. It cannot be said that in every file one must necessarily wait until the report is completed, nor that every interim request will be accepted without a report. The concrete harm that delay would cause the child must be explained in the request.
For example, when the school term begins, the child being taken irregularly between two homes, an interruption of ongoing treatment or the existence of a safety risk may call for different measures. The proposed solution should be connected to the nature of the problem. Requesting a clear arrangement that meets the need, instead of broader prohibitions than necessary, makes the assessment easier.
What information and documents should the request contain?
The text of the request should present the child’s current situation by dating the events. Instead of repeating all the past disputes between the parents, it should focus on the need that requires an interim decision. If there is an earlier interim decision, its date and any problem experienced in its implementation should also be stated.
- The child’s age, place of residence, school and care arrangements are explained.
- The requested interim care and housing arrangement is made concrete.
- The days, hours and safety conditions of contact with the other parent are proposed.
- Health, education and care expenses are shown with the necessary documents.
- If there is an urgent risk, the date of the incident, the existing records and the protection requested are stated.
- It is explained from where institutional records that cannot be submitted are requested to be obtained.
The number of documents does not by itself determine the strength of the request. For example, many shopping receipts do not explain an allegation that the child is left alone at night. A link must be established between the alleged event and the evidence; data obtained unlawfully must not be used. The child’s health and private life information must be processed only to the extent necessary.
How are care, personal contact and maintenance regulated together?
While interim care is left to one parent, how the relationship with the other parent will continue must also be clarified. A vague “he or she may see the child whenever he or she wants” arrangement can create a new dispute in conflict-ridden families. A workable arrangement must be established, taking into account the child’s age, school hours, transportation and safety needs.
The request of the parent who actually cares for the child concerning the covering of expenses is also assessed. The relationship of the requested amount to care, health and education needs must be shown. Contact not taking place is not a ground for maintenance to be cut off automatically, and non-payment of maintenance is not a ground for contact to be prevented automatically.
If there is violence or a threat, the contact arrangement cannot be addressed independently of safety. Depending on the circumstances, supervised contact accompanied by an escort, restrictions or other necessary protections may come onto the agenda. The consistency of protective orders with personal contact decisions must be ensured on the basis of the file. [5]
What does the interim decision provide in school, health and travel matters?
A certified copy of the court decision can be used to show the child’s interim care arrangement to institutions. However, an “interim custody certificate” should not be presented as a separate type of document that, by itself, grants unlimited authority to carry out all school, health, passport and overseas procedures. The nature of the procedure, the operative part of the decision and the legislation of the relevant institution are examined together.
Particularly for leaving the country or settling abroad, the travel document, the other parent’s rights and any court restrictions are separately important. The existence of an interim custody decision does not mean that settling in another country is free in every case. This area should be assessed together with the subject of taking a child abroad and the consent declaration (muvafakatname).
How is an interim custody decision challenged?
First, reassessment or modification may be requested from the court that issued the decision. The request must show the missing information on which the decision rests or the conditions that have changed since. For example, a new school arrangement, a move, care being de facto left to another person or an emerging safety risk may be explained with the relevant documents.
The decision of the 2nd Civil Chamber of the Court of Cassation dated 26.06.2024, E.2024/3934, K.2024/4872, addresses the separate question of the appeal route for TMK Article 169 measures within a divorce. In the decision, the court’s ability to reconsider arrangements of this nature was distinguished from an appeal application independent of the main judgment; in the specific application, the supplementary decision rejecting the request for appeal on points of law was upheld. [4]
For this reason, one should not proceed on the assumption that an appeal before the regional court of appeal (istinaf) or an appeal on points of law (temyiz) may be filed directly against an interim decision issued under TMK Article 169. On the other hand, a decision concluding an independent case, an interim injunction under the HMK and a decision under Law No. 6284 cannot be placed in the same appeal regime. Giving a single objection period without determining the nature of the decision would be misleading.
What can be done if the decision is not complied with?
Under the current system, the enforcement of judgments and measure decisions concerning the handover of a child or the establishment of personal contact is carried out through the judicial support and victim services directorates. In places where these units do not exist, the clerk’s offices of civil courts designated by the Ministry perform this function. The Ministry of Justice’s statement expressly lists measure decisions within this system as well. [6]
Applying to the relevant unit with a copy of the decision and information about the problem experienced should be considered. It is not appropriate to take the child by force or confront the other side in the face of every problem. If there is an urgent safety danger, law enforcement and the necessary protection mechanisms must be engaged separately.
A disruption in implementation may also be reported to the court with concrete records. However, it would not be correct to expect an automatic change of custody without investigating the reason for a single delay. Continuity, justified reason, the effect on the child and the enforceability of the existing decision are assessed together.
When does interim custody end or change?
An interim arrangement may be modified by the court when conditions change. For measures within a divorce, the outcome of the proceedings and the stage of finalization are important. In cases of rejection of the case, withdrawal, the issuance of another decision or a continuing need for separate protection, the result must be determined by reading the judgment and the existing measures together.
A sound arrangement established by an interim decision may be a datum in the final assessment. Nevertheless, an interim decision does not create an acquired right that binds the final decision. A report obtained later, the child’s views or new events may require a different arrangement.
Conclusion
An interim custody request must answer how the child’s life will be carried on until the case ends. It is important to determine the legal basis of the request correctly, to make the urgency concrete and to address the care and contact arrangement together. For the difference between the initial and the final decision, the custody case guide may be consulted; for the assessment of the parents’ circumstances, the article on to whom custody is given.
Related articles: Taking a Child Abroad: Consent Declaration, Custody and Travel Permission; Interim Maintenance: How Is Support Protected Before Divorce and During the Case?.
Frequently Asked Questions
How many days does it take to obtain interim custody?
There is no fixed period that applies to every file. Urgency, the available evidence, service of notices and the necessary examinations affect when the decision is made. It is important to show the urgent need clearly.
If my spouse has not filed for divorce, can I not have the child’s care regulated?
Where the spouses live apart, measures may be assessed within the framework of TMK Articles 197 and 336. The absence of a divorce case does not entirely prevent the protection of the child.
Can an interim custody decision be enforced immediately?
Waiting for the main judgment to become final is not a general condition for implementing a measure decision. Nevertheless, the action to be taken must be assessed on the basis of the operative part and nature of the decision.
When interim custody is granted, do all of the other parent’s rights end?
No. Personal contact with the child and the contribution to care expenses continue separately. If special limits have been imposed for safety reasons, the decision governs.
Can the first interim decision be changed later?
Yes. Reassessment may be requested from the court that issued the decision by making concrete the missing information or the changed conditions. The application must be made in a manner appropriate to the legal nature of the decision.
Sources
- Law No. 4721, Turkish Civil Code (4721 sayılı Türk Medenî Kanunu), Articles 169, 197, 201, 323–324, 336. Ministry of Justice legislation record.
- 2nd Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi), 09.01.2017, E.2016/23663, K.2017/112. Text of the decision.
- Law No. 6100 on Civil Procedure (6100 sayılı Hukuk Muhakemeleri Kanunu), Articles 189, 341, 350, 367, 389 and following. Ministry of Justice legislation record.
- 2nd Civil Chamber of the Court of Cassation, 26.06.2024, E.2024/3934, K.2024/4872. Text of the decision.
- Ministry of Family and Social Services (Aile ve Sosyal Hizmetler Bakanlığı), When Exposed to Violence; Protections under Law No. 6284. Official information.
- Ministry of Justice, Frequently Asked Questions on the Process of Handing Over a Child and Establishing Personal Contact with a Child, 03.02.2025. Official statement.
- Gözde Zeytin Çağrı, “An Examination of Interim Custody During Divorce Proceedings (Custody by Way of Measure),” Akdeniz University Faculty of Law Journal, 16/1, 2026, pp. 291–312. Publication details and abstract. It is a source for further reading; it has not been used in this article in place of decisions.