ENTRANCE
Family law is the branch of law that governs the personal circumstances of individuals, family relationships, the
protection of children, and the family unit, which forms the cornerstone of society. Within this area, the personal
relationship between a child and a parent lies at the intersection of both the parents’ right to a family life and the
child’s best interests. The personal relationship between a child and a parent after divorce or separation (from the
perspective of the party not granted custody) is vital to the child’s psychological and emotional development.
However, the circumstances surrounding the initial establishment of a personal relationship may change
over time due to factors such as changing social conditions, evolving parental lifestyles, the child’s
advancing age, or the establishment of new family ties. In such cases, the “change of personal relationship”
case arises.
This study aims to comprehensively examine the legal nature, conditions, procedure, competent court,
Supreme Court practice and international law dimension of the case of change of personal relationship.
1-) Legal Regulation
Definition:According to the Turkish Civil Code (Article 323 and related articles), a parent who does not have custody or is
not granted custody has the right to request an “appropriate personal relationship” with the child. The formation,
duration, location, and conditions of custody are regulated by court order.
Types of cases:- Personal relationship establishment case (first regulation),- Case of rearrangement (change) of personal relationship,- Case of removal (blocking) of personal relationship.
These cases are heard in the court of the child’s place of residence, or before the Family Court or, if there is no Family
Court, before the Civil Court of First Instance.
Authority and duty:The court where the child resides is often considered competent; however, in the application
of the Turkish Civil Code, the judge’s ex officio duty to investigate (public order issues) is important.
2-) Reasons and Evidence Required for Changing the Personal Relationship
Reasons for change:Requests for a personal relationship reorganization are generally related to the following circumstances: the
duration/form of the relationship is not in the child’s best interest, actual parental violation, new, concrete adverse circumstances (e.g.,
allegations of violence, severe neglect, health problems, relocation, transportation difficulties), or the current arrangement being
inadequate due to the child’s age/adjusted development. In these requests for modification, the judge ultimately bases his or her
judgment on the child’s best interests.
Standard of evidence:The reasons put forward for changing a personal relationship must be concrete and substantiated. The
parties’ statements alone are often insufficient; objective evidence such as social assessment reports, expert opinions, school
and health records, and witness testimonies are also important. Supreme Court precedents place significant emphasis on SIR
and expert reports in their decision to change the relationship.
Child’s opinion:Children with cognitive abilities should be consulted, and the consultation process should be conducted
through a specialist. While the child’s preference is not binding, it carries significant weight in the evaluation of the
decision.
3-) Concept and Legal Basis
3.1. The Concept of Personal Relationship
Personal relationship is a legal institution that allows the parent who is not granted custody to meet
with the child at specific times, spend time with them, and maintain the parental bond. Articles 323–325
of the Turkish Civil Code (TCC) regulate this relationship.
3.2. Legal Nature of Personal Relationship
Personal relationships are not an absolute right; they are considered a relative right, subordinated to the
child’s best interests. Therefore, a parent’s request for personal relationships may be limited or completely
abolished if it harms the child’s mental and physical development (Court of Appeals, 2nd Civil Chamber,
2019/3456 E., 2020/7890 K.).
3.3. Legal Basis- Turkish Civil Code articles 182, 323, 324, 325- Convention on the Rights of the Child (Art. 9 and Art. 12)- European Convention on Human Rights (Article 8 – Right to respect for private and family life)- Constitution Article 41 and Article 20
4-) The Difference Between Establishing and Changing Personal Relationships
A personal relationship is established by the court following a divorce or separation. However, due to changing
circumstances, the existing personal relationship arrangement may need to be modified, narrowed, or expanded.
The difference between these two processes is that in the case of modification of personal relationship the court no longer establishes a
personal relationship “for the first time” but merely adapts the existing order to suit the new circumstances.
5-) Parties to the Case and Competence
5.1. Who Can File a Lawsuit?- The parent who is not given custody rights,- The parent who has custody of the child,- Public prosecutor,- Ministry of Family and Social Services,- The child himself (through his representative or in person if he has the power of discernment).
5.2. License and Representation
According to Article 335 of the Turkish Civil Code (TCC), the child is, as a rule, represented by his or her parent. However, since the
parent is one of the parties in the case, a conflict of interest may arise. In this case, the court may appoint a guardian for the child.
may decide (TMK art. 426/2).
6-) Competent and Authorized Court
Cases involving changes in personal relationships fall within the jurisdiction of the Family Court (Law No. 4787, Article 4). In terms of jurisdiction,
the court of the child’s place of residence has jurisdiction, in accordance with Article 168 of the Turkish Civil Code.
7-) Conditions and Procedure for Filing a Case
7.1. Existence of Changing Conditions
As consistently accepted in the Supreme Court case law, the fundamental element to be sought in a case of changing
personal relationships is that the existing personal relationship arrangement is no longer in the best interests of the
child.
This situation usually occurs in the following cases:- Parent moving to another city or country,- Change in the child’s educational status,- The child’s age increases,- Serious disputes arising in the personal relationship of the parties,- The child is harmed or rejected by the personal relationship,- Parental abuse of personal relationship.
7.2. Petition and Evidence
In the petition, the file on which the personal relationship decision was made, the reason why the current decision should be
changed, documents showing the current situation of the child (school reports, psychologist opinions, social examination
report) and witness statements, if any, are stated.
7.3. Social Review and Expert Opinion
The Family Court must mandatory request a social investigation report (SIR). This report is
prepared by a social worker, psychologist, or pedagogue.
The Supreme Court considers the decisions made without obtaining the SIR as grounds for reversal on procedural grounds.
😎 Reasons for Changing Personal Relationships
8.1. Parental Relocation
If the non-custodial parent or child lives in different cities, it may make the implementation of personal
contact days impossible. In this case, the court will reorganize the relationship based on the new
circumstances.
8.2. Advancement of the Child’s Age
While more frequent and short-term meetings are appropriate at younger ages, less frequent but longer meetings
during adolescence may be beneficial for the child.
8.3. Abuse of Personal Relationship
Behaviors such as a parent turning the child against the other parent, using violence, or making religious or
political suggestions during a personal relationship may result in the restriction or removal of the personal
relationship.
8.4. Principle of the Best Interest of the Child
The most fundamental principle in these cases is “the best interests of the child.” In accordance with TMK Article 182/1 and the Convention on
the Rights of the Child Article 3, the court must base its decision on this principle.
9-) Litigation Process and Court Practices
Opening of litigation:A petition for a change of personal relationship is filed with the court in the child’s
place of residence by the parent who believes the current arrangement is inadequate or harmful. The
petition must clearly state the reasons for the change and the legal request for improvement to the current
arrangement.
Interim injunction:In urgent cases (e.g., if there is a concrete danger), the judge may order interim
measures, such as supervising the personal contact, limiting the time limits, or temporarily removing it.
These measures are implemented for short periods of time to protect the child.
Social investigation and expert witness:The court often requests a social investigation report (SIR). The SIR
provides concrete findings on areas such as family dynamics, the parents’ ability to care, living conditions, and the
child’s schooling and health. Expert reports (psychologists, pedagogues, social workers) support the SIR.
10-) Evidence and Expert Evaluation
What evidence is effective?School/medical records, parents’ criminal/INFORMATION records, witness statements, written
communication records, photographic/environmental evidence, SIR, and psychological evaluations are strong evidence in
court.
The nature of SIR:It is important for the report to include concrete findings such as the time schedule, the parents’ working
hours, the time allocated to childcare, the physical conditions of the home, and the child’s attachment patterns. A missing or
inadequate SIR will weaken the judge’s decision.
11-) Electronic Communication (Video Calling, etc.) and New Applications
In the post-COVID-19 era, courts have explicitly regulated and implemented the possibility of
personal contact through video/telephone communication. Meetings through video can be
regulated by court order, and the court may impose sanctions for non-compliance. This
practice is particularly effective in cases of geographical distance or health concerns.
12-) Conditions and Consequences of Removal of Personal Relationship
Removal conditions:According to the Turkish Civil Code and case law, the removal of a personal relationship is only
possible if it is necessary to protect the child’s physical or moral integrity (e.g., persistent physical violence, severe
neglect, concrete evidence of abuse). The removal decision must be strictly in the child’s best interests; otherwise,
supervised relationships or limited-term arrangements are preferred.
Results of removal:In the event of removal, the court may sometimes consider psychosocial support,
therapeutic mediation, or expert-led visits rather than a complete cessation of visitation. Furthermore, if the
decision is not implemented, sanctions may be pursued through legal means (e.g., enforcement, legal
recourse).
CONCLUSION
Changing personal relationships is one of the areas of family law most sensitive to the child’s best interests.
This type of case directly affects not only the rights of the parents but also the child’s physical, mental, and
emotional development. Due to factors such as changing living conditions, parental relocation, the child’s
advancing age, or abuse of the personal relationship, an arrangement initially deemed appropriate may no
longer serve the child’s best interests. Therefore, the legislature has established the dynamic and flexible
nature of the law by allowing for the modification of personal relationships decisions.
The primary criterion in any case is always the child’s best interests. Courts should consider not only the parent’s requests but
also social assessment reports, psychological evaluations, and the child’s own perspective when making decisions.
Furthermore, decisions regarding personal relationships should be made based on the child’s individual characteristics, not
abstract rules. In this respect, a change of personal relationship case serves the purpose of protecting the child’s well-being,
rather than simply a judicial proceeding.
In practice, it is crucial for courts to carefully evaluate social assessment reports, seek the child’s
perspective within a pedagogical environment, and encourage compromise between the parties. These
approaches both ensure more effective decisions and protect the child’s emotional integrity.
Ultimately, a relationship modification case is a legal process that restores family balance, but
ultimately aims to ensure the child’s quality of life and development. The purpose of this case is to
protect the child’s future, rather than to seek rights between parents.
ABOUT CHANGE OF PERSONAL RELATIONSHIP CASES
MOST WONDERED QUESTIONS
1-) What is the case of changing personal relationship?
It is a lawsuit filed to change the duration, form or conditions of the right to visit (personal relationship) with the parent
who does not have custody of the child.
2-) In what situations can personal relationships be changed?
A lawsuit can be filed when there are changes that affect the child’s best interests, such as the child’s age, the
impact on school routine, the parent moving, violence/alleged abuse, psychological/health problems,
transportation difficulties.
3-) Which court has jurisdiction in this case?
The competent court is the Family Court. If there is no Family Court, the Civil Court of First Instance is the
competent court.
4-) Where is the competent court?
The Family Court of the place of residence of the child has jurisdiction.
5-) Who can file a lawsuit?
Usually, a mother or father can file a complaint. However, if the child needs protection, a public prosecutor or
The Ministry of Family and Social Services may also file a lawsuit.
6-) Can personal relationships be removed?
Yes, but it can only be removed entirely if it poses a serious risk to the child’s physical or psychological well
being. Restrictions or supervised visitation are often preferred.
7-) Is the child’s opinion taken into account in this case?
Yes. The opinions of children who have reached the age of comprehension (approximately 8 years old and above) are taken under the supervision of an
expert and evaluated by the judge.
😎 Is it necessary to file a new lawsuit to change the personal relationship?
Yes. A separate lawsuit must be filed to change a previously issued personal relationship decision.
9-) What is the role of the social investigation report?
The court requests a social assessment report from experts. This report provides objective information about the parents’
circumstances, the child’s needs, and psychological state, and plays a decisive role in the decision.
10-) How long does the case take on average?
Although it varies depending on the density of the file, it usually takes between 6 months and 1 year.
11-) Can electronic communication (video calls, etc.) be regulated as a personal relationship?
Yes. Courts may include video or phone calls in a personal contact arrangement, especially for
parents who live in remote areas.
12-) What happens if the personal relationship decision is not implemented?
Enforcement proceedings may be taken against the parent who violates the decision, and fines and disciplinary sanctions may be
imposed when necessary.
13-) What can be done if the custodial parent arbitrarily prevents personal contact?
In case of obstruction, an application can be made to the enforcement office to change or implement the personal relationship, and a
case for change of custody can also be brought to the agenda.
14-) What evidence can be used in a case of alteration of personal relationship?
Evidence such as witness statements, school/medical reports, photo/video recordings, psychological evaluations, social service
reports, and text message records may be used.
15-) Is it necessary to hire a lawyer to file a lawsuit?
No, it is not mandatory. However, since the lawsuit is a technical process, conducting it with the assistance of a lawyer will yield
better results.
The Importance of Legal Support
Personal relationship modification cases require technical knowledge, legislative expertise, and in
depth expertise in judicial practices. While the legal provisions are clear, each case has its own unique
circumstances, and even a small mistake can lead to loss of rights. Therefore, working with an
experienced attorney from the outset is crucial to developing the right strategy, protecting your rights,
and achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications.
A professional lawyer will guide you not only in preparing the petition but also in gathering evidence,
representing the court, negotiating, and pursuing potential alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.