Interim Measures in Custody and Protection of the Child

Domestic Violence, Neglect and Child Protection Measures

Allegations of violence, neglect, abuse or a serious risk affecting the child’s safety should be made concrete in the custody and personal contact file, supported by lawful evidence and, where necessary, reported to the relevant institutions. The family court process, a criminal investigation, the protective and preventive measures under Law No. 6284 and the measures under Child Protection Law No. 5395 may arise together for the same incident.

To the extent required by the specific case, the following may be assessed: interim custody, orders not to approach or not to harass through means of communication, allocation of the shared residence, supervised or temporarily restricted personal contact, and counseling, education, care, health and housing measures.

The existence of a protection order or a criminal investigation does not by itself automatically determine the outcome of custody; however, the nature of the allegation, the evidence, the reasoning of the decision and its effect on the child’s safety may carry weight in the custody assessment. In case of imminent danger, an application to the competent law enforcement, prosecutor’s office, court or the relevant child protection units may arise without waiting for the ordinary course of the case.

Situations That May Require Legal Assessment Without Delay

The following developments may require an assessment without delay because of the child’s safety or the procedural time limits that will run:

The child being taken to another city or country outside the scope of the existing decision
Concealment of the child’s whereabouts or failure to bring the child back on the agreed date
A one-way trip or preparation for permanent settlement abroad
Physical, psychological or sexual violence; allegations of neglect, abuse, threats or addiction
Changing the school, the place of residence or the basic health arrangement without notice
Continuous non-implementation of the personal contact or child handover decision
A safety risk during handover, or the child experiencing serious adjustment problems
Death or placement under guardianship of the custodial parent, or that parent’s de facto inability to continue the child’s care
A foreign court decision, service of documents from abroad or an international return application
Service of a court decision, handover order, social investigation (sosyal inceleme) report or a time limit for a legal remedy

The existence of these situations does not lead to the same legal outcome in every case. The interim measure that may apply, the competent authority, the preservation of evidence and the application time limit must be determined according to the circumstances of the specific case.

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Legal basis

Depending on the nature of the claim, the Turkish Civil Code and the relevant provisions on procedure, protection and private international law apply together.

This content is general information. It does not replace a review of the specific file. Submitting an inquiry alone does not create an attorney–client relationship and does not stop statutory time limits.