CHILD DELIVERY
Child surrender generally refers to the transfer of a child from one person to another during
the implementation of custody or contact decisions. This complex process involves not only
private legal relationships but also public order and children’s rights.
In modern legal systems, child surrender is no longer considered a mere transfer of property-like
rights between parents, but rather a protective legal institution aimed at protecting the child’s
physical, emotional, and spiritual integrity. In this context, the principle of the child’s best interests
is central to both judicial decisions and enforcement proceedings.
1-) Legal Basis
Turkish Civil Code (TMK):Article 182 of the Turkish Civil Code regulates the establishment of a personal relationship
between a spouse who is not granted custody and a child in the event of divorce, and also specifies the conditions and
manner in which the child will be handed over. Furthermore, Article 25/a of the Enforcement and Bankruptcy Law (EBL)
governs the enforcement procedure for handing over the child.
According to this provision, if the child is not returned to the person to whom he or she should be released
despite a court order, the child’s return is ensured through the enforcement office. However, this return process
was radically altered by the “Law on the Return of Children and Establishing Personal Contact with Children” (with
amendments No. 6284), which entered into force in 2012, and the “Law on Amendments to the Enforcement and
Bankruptcy Law and Certain Laws,” which entered into force in 2022. Child return procedures are now handled by
the legal support and victim services directorates of the Ministry of Justice, rather than enforcement offices.
Child Protection Law No. 5395 (CPL):As a result of the amendments introduced by Law No. 7343 dated November 30, 2021,
the regulation regarding the enforcement of judgments and injunctions regarding the surrender of children and the
establishment of personal contact with children has been incorporated into the CPL. This regulation stipulates that
enforcement should be removed from enforcement and implemented through the Legal Support and Victim Services
Directorates affiliated with the Ministry of Justice.
Regulations and Rules of Procedure:Regulations regarding the implementation of the articles in the CPL (Regulation on the
Execution of Decisions and Injunctions Regarding the Surrender of Children and the Establishment of Personal Contact with
Children, etc.) have detailed the process; implementation details such as expert intervention, children’s centers, and the role of
the family court are regulated here.
Surrender of the Child in International Law:The most important international regulation is the Hague Convention of
October 25, 1980. This convention stipulates that in the event of a child being unjustly abducted or retained from one
country to another, the child must be immediately returned to his or her habitual residence. The purpose of the
convention is to prevent child abduction and ensure respect for custody rights. Turkey became a party to this
convention in 2000 (Official Gazette February 15, 2000, 23966).- In addition, Articles 9 and 10 of the United Nations Convention on the Rights of the Child require that the best
interests of the child be taken into account in procedures regarding the separation of children from their parents.
2-) The 2021 Amendment (Law No. 7343) and its Innovations
Transition from enforcement to specialized centers: The practice of enforcement offices under the EBL has largely
been discontinued, replaced by legal support units and child drop-off centers established by the Ministry of
Justice. To this end, the regulations have adopted an approach that prioritizes the child’s best interests and
mandates the participation of experts (psychologists, pedagogues, social workers).
Transition and implementation issues: Evaluations of the transition process have led to academic debates on
procedural effectiveness, administrative capacity, and court-oversight mechanisms; some criticism is directed at
uncertainty in implementation and lack of enforcement effectiveness.
3-) Process and Procedure for Surrender of the Child
3.1. Finalization of the Court Decision and Request for Delivery
To return a child, there must first be a court-issued custody or contact order. Enforcement or implementation
cannot begin until the order is finalized. Once the order is finalized, the party whose rights have been violated can
contact the legal support unit to request the return of the child.
3.2. Psychological Preparation of the Child During the Delivery Process
Under the new system, a child communicator, pedagogue, or psychologist is assigned to assist the
child psychologically. The surrender process is conducted as a guidance-based social service
practice, not forced execution. The use of force is only considered when all persuasion efforts have
failed and it is necessary for the child’s safety.
3.3. Use of Force and Law Enforcement Support in Delivery Procedures
During the Civil Procedure period, child handover was often accompanied by law enforcement. This situation sparked
significant criticism for its negative impact on the child’s mental health. However, the new system requires law
enforcement assistance only if there is a security risk, and the handover process is based on the principle that the child
must be delivered in a safe environment.
4-) Determining the Child’s Best Interests in Surrender of the Child
The principle of the child’s best interests is central to both national and international documents (CRC
Article 3; TMK Article 339 et seq.). Surrender serves not only to fulfill the parent’s rights but also to
protect the child’s physical, emotional, and social development.
In this context, in the implementation of the surrender decision;- Taking into account the child’s age and psychological state,- Obtaining the child’s own opinion (CRC Art. 12),- The delivery should have as little impact as possible on the child’s school routine and social life,- Encouraging communication and cooperation between the parties should be a priority.
5-) Sanctions and Legal Consequences in Case of Violation
Disciplinary detention and administrative/penal consequences: Sanctions are stipulated under the CPL and related
articles for those who fail to comply with a child surrender or contact order (for example, administrative sanctions such
as disciplinary detention are provided in certain cases). Furthermore, custody may be lifted or other legal sanctions may
be imposed on those with custody who fail to comply with a family court order.
Differences in administrative practice: While the former PPL era saw the debate over the use of coercive detention (forced
sanctions), the new system prioritizes disciplinary and administrative measures, along with family court oversight and
intervention. This change is significant in terms of both practice and sanctions.
6-) Obtaining the Child’s Best Interests and Opinion
Constitutional and international framework: Within the framework of Constitutional Court jurisprudence and the principles of
the Convention on the Rights of the Child, the best interests of the child are central to the decision-making process; the positive
obligations of the state and the child’s right to personal and direct contact are emphasized. The child’s opinion is considered
based on age and maturity.
Challenges in practice: In practice, the question of whether the child’s opinion should be sought, at what stage and by
whom, and how the opinion’s impact on outcomes should be assessed are still under debate. While the regulation
requires expert participation, implementation varies.
7-) Frequently Encountered Problems in Application
7.1. Resistance of the Child and Failure to Surrender
One of the most common problems is that children sometimes resist the handover process. In this case, gradual psychological
preparation processes with expert support should be implemented instead of forced enforcement.
7.2. Manipulation of Parents
In some cases, the negative influence of parents toward the child (parental alienation syndrome) makes
surrender difficult. This can be overcome with family counseling and professional support.
7.3. Institutional Coordination Deficiencies
Lack of coordination between family courts, legal support units, social service agencies and law enforcement
agencies reduces the effectiveness of surrender processes.
😎 International Comparisons
In Western European countries, such as Germany (Kindeswohlprinzip principle), the surrender of the child is carried out under
the supervision of social services and the court; forced execution is used as a last resort.- In the UK, the “Family Courts” system generally resolves surrender processes within the framework of family mediation
and counselling.- The establishment of “child drop-off centers” similar to this model in Türkiye in recent years is a positive development
in terms of compliance with European standards.
9-) The Court of Jurisdiction for the Crime of Not Showing a Child
The competent and authorized court to hear the complaint regarding child screening is the family court where the directorate
that carries out the process is located.
Decisions regarding disciplinary detention and punishment shall be enforced by the Chief Public Prosecutor’s
Office upon their finalization. These decisions cannot be enforced more than two years after their finalization.
10-) Duration of Complaint for the Crime of Not Showing a Child- The crime of not showing the child is a crime subject to a complaint and is not a crime that is prosecuted ex officio.- The party who is not granted custody but has been granted personal contact days with the child by the court
may request that the party granted custody be punished by filing a complaint with the court if the other party
does not hand over the child despite initiating enforcement proceedings.- According to Article 347 of the Enforcement and Bankruptcy Law, “The right to complain about the acts included in this Section expires after
three months from the date of learning of the act and, in any case, after one year from the date of the act being committed.”- In accordance with the said article, a complaint must be filed against the person who did not return the child
within three months and in any case within one year from the date of learning that the child was not returned.
If a complaint is not filed within the time limit, the creditor’s right to file a complaint is void.
11-) Punishment for the Crime of Not Showing Children
Following Article 44 of Law No. 7343 and Article 41 of Child Protection Law No. 5395, under the title of “Delivery of Child
and Establishment of Personal Relations with Child”, there is an article titled “Opposition to the execution of the
judgment or injunction regarding the delivery of child and establishment of personal relations with child”.
Article 41/F was added with the title;
“(1) Those who act contrary to the order of surrender regarding the execution of the verdict or injunction regarding the surrender of
the child or those who prevent the execution of the order shall be punished with disciplinary imprisonment of up to three months, even
if the act constitutes a crime, upon a complaint to be made within one month.
(2) Those who act contrary to the surrender order regarding the execution of the judgment or injunction regarding
establishing personal relations with the child or those who prevent the execution of the order shall be punished with
disciplinary detention for three to ten days, upon a complaint to be made within one month.
(3) If the rightful owner to whom the child was handed over for the establishment of personal contact does not bring the child to the designated
place at the end of the period specified in the judgment or injunction decision, upon a complaint to be made within one month,
Even if the act constitutes a crime, it is punishable by disciplinary imprisonment for up to three months.”
12-) What are the conditions for the crime of not showing children?
In order for the crime of not showing the child to occur and for the other party to have the right to
complain, the following conditions must be met:- There must be a decision or interim decision made by the court regarding the establishment of personal relations.
- If the child is not shown, enforcement proceedings must be initiated to enforce the decision regarding child
surrender. (With the new regulation, an application must be made to the Legal Support and Victim Services
Directorates.)
If the conditions stated above are met, the party to whom custody is not given will have the right to complain in
accordance with the Law.
CONCLUSION
Child surrender is more than just a technical family law procedure; it’s a highly sensitive legal institution that
directly impacts the child’s physical, emotional, and spiritual integrity. Therefore, the child surrender process
should be shaped by protecting the child’s personal rights, developmental needs, and best interests, rather
than by fostering conflict between parents.
Traditionally, child surrender has often been carried out through forced enforcement of court
orders, a situation that has posed serious risks, particularly to the child’s psychological well-being.
Surrender proceedings, often carried out in enforcement offices and accompanied by police, have
led to traumatic experiences for the child, exacerbated conflict between parents, and damaged the
child’s sense of trust. In this respect, these old practices clearly violated the principle of the child’s
best interests.
With the legal regulations enacted in recent years, Türkiye has experienced a significant paradigm shift
regarding the return of children. The new system, removed from enforcement law and implemented by the
Legal Support and Victim Services Directorates under the Ministry of Justice, reflects a child-centered
approach. This transformation should be considered a requirement of the state’s positive obligation to
protect children. Child return is now considered a social service and legal support practice based on
psychosocial support, not a forced enforcement process.
However, legal changes alone are clearly insufficient. In practice, various difficulties persist in child
repatriation procedures. Factors such as resistance from children subject to the repatriation
process due to their age and psychological state; parents’ perpetuation of feelings of anger,
rivalry, and revenge towards each other through the child; and some parents’ manipulative
influence on the child, leading to rejection of the other parent (parental alienation), all complicate
the successful completion of repatriation procedures. In this regard, the implementation of a
strong psychosocial support mechanism, in addition to legal intervention, is essential.
In terms of judicial practices, the issue of child surrender should be evaluated not solely in terms of the execution of a
decision, but within the framework of the obligation to protect the child. As emphasized in the decisions of the Supreme
Court and the Constitutional Court, the use of force in the child surrender process should be exceptional; the child’s
consent, emotional safety, and developmental interests are paramount. Any practice that fails to consider the child’s
best interests constitutes a violation of both national law and international human rights instruments.
In this context, a balance must be struck between the Hague Convention’s principle of “immediate return” and the
principle of “best interests of the child” in Turkish law. While the goal is to protect custody rights and prevent
abduction, the child’s safety and well-being must be paramount in every case. In international repatriation cases,
administrative and judicial authorities must make decisions taking into account the child’s social environment,
language, culture, and family ties.
In conclusion, the surrender of a child is one of the areas that most concretely demonstrates the impact of the law
on children. Conducting this process in a humane, sensitive, and child-centered manner is not only a matter for
individual litigation but also a societal responsibility. The shared duty of the state and society is to
It is to recognize the child as a subject of rights and to protect all of his or her interests. Handover processes conducted with
this understanding will both protect the psychological integrity of children and strengthen the reflection of justice in the social
conscience.
MOST WONDERED QUESTIONS ABOUT CHILD DELIVERY
1-) What is child delivery?
Child surrender is the process of effectively handing over a child to a person who has custody or contact rights, as
ordered by a court. This process is no longer conducted by enforcement offices, but rather through the Ministry of
Justice’s Legal Support and Victim Services Directorates. The goal is to ensure the child’s safe and psychologically sound
surrender, under the supervision of a specialist, while protecting the child’s best interests.
2-) In what cases does child surrender come into question?
Child surrender applies in two main cases:- Handing over the child to the new custodian after the decision to change or grant custody,- Within the scope of decisions to establish personal contact, the child is handed over to the other parent or beneficiary on the
specified days and hours.
3-) Why are child delivery no longer carried out by enforcement offices?
With Law No. 7343 enacted in 2021, the child surrender practice was taken from the enforcement offices and
transferred to the Legal Support and Victim Services Directorates.
Aim:- To prevent the child from being traumatized,- Providing a more specialized and social service-oriented process,- To reduce the financial and psychological burden created by enforcement proceedings.
4-) Where can I apply for child surrender?
The person with the court decision applies to the Ministry of Justice Legal Support and Victim Services
Directorate.
Documents required for application:- Court decision (custody or personal relationship decision),- Photocopy of ID,- Application form and petition.
5-) Is there a fee for child delivery?
No, child delivery is completely free of charge.
While in the past, fees and expenses were charged for deliveries made through enforcement, this practice has been abolished with the new
regulation.
6-) Which experts are involved in the delivery of the child?
The specialists who work to protect the psychological state of the child during delivery are:- Psychologist,- Pedagogue,- Social worker,- Child development specialist when necessary.
These people carry out the process in line with the best interests of the child.
7-) Are there police present during the child drop-off?
Generally, experts conduct the process; however, if there is serious tension between the parties or a security risk,
the police or gendarmerie may be involved for security purposes.
😎 What sanctions are applied to parents who do not comply with the decision?
About the parent who does not surrender the child:- Disciplinary detention (up to 3 months),- Change of custody by the court,- Fines and administrative sanctions may be applied when necessary.
In addition, this situation will constitute evidence against him/her in a case of abolition of custody rights in the future.
9-) How can the child surrender decision be changed or cancelled?
If the current decision to surrender the child has become contrary to the best interests of the child,- A case to change the decision can be filed in the family court.
For example, if the child has a serious health problem or the parent’s living conditions threaten the
child’s safety, the court may issue a new order.
10-) Is the child’s opinion taken into consideration for the child’s handover?- Opinions of children over 12 years of age are taken into account.- For younger children, their opinions can be heard depending on their level of maturity.
Experts take this view into consideration, as a surrender that the child does not want can cause psychological trauma.
11-) How long does it take to deliver the child?- The delivery time is determined according to the days and hours specified in the court decision.- In urgent cases, the family court may order immediate surrender with a temporary injunction.- In the normal process, delivery is usually planned within a few days from the application.
12-) Where can I report problems encountered during child delivery?
In case of problems during delivery or failure of the other party to comply with the decision:- To the Directorate of Legal Support and Victim Services, - To the Family Court when necessary,- In addition, if there is a situation that constitutes a crime, a notification can be made to the Public Prosecutor’s Office.
13-) What should a parent do if they do not want to take their child?
The parent who does not want to take delivery of the child shall state his/her reason in writing.- If there is no valid excuse, this situation is considered as non-compliance with the decision and sanctions such as disciplinary
detention may be applied.- If there is a situation that is in the best interest of the child, the family court should be requested to change the decision
immediately.
14-) What happens if the child is harmed during child delivery?
In case the child suffers physical or psychological harm during delivery:- A criminal complaint must be filed immediately with the Public Prosecutor’s Office.- Temporary protection measures may be requested from the family court.- Experts report the situation and relevant institutions (social services) are involved.
15-) Can the decision to surrender the child be appealed?
Yes, the party who thinks the decision was made unfairly or erroneously:- It is possible to appeal or appeal against the relevant decision.- If the decision is final, the family court can request that the decision be changed by filing a new
lawsuit.
THE IMPORTANCE OF LAWYER SUPPORT
Child surrender, child custody refusal, and the crime of refusing to appear are matters requiring 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 beginning of the process is crucial to determining
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.