Custody and Relationship Cases

Child custody cases are a separate matter from divorce cases. These cases can be defined as modifications or terminations of custody, taking into account changed circumstances after a precautionary divorce while married, or the transfer of custody rights to the surviving parent in case of the death of the custodial parent.

Personal relationship cases can be defined as the establishment or restructuring of a personal bond between a child and the spouse who does not have custody.

In custody cases, which are related to public order, evidence can be gathered by the parties themselves, or the judge can independently collect evidence.

Evidence in relationship and custody cases

• Divorce case file
• Case files containing previous decisions between the parties
• Witness
• Enforcement documents regarding the delivery of the child
• Files relating to criminal cases involving allegations of child sexual abuse or violence
• Expert reports prepared by social workers, psychologists, or educators
• Official documents relating to the parties' earnings
• Police investigations into the social and economic conditions of the parties

Matters to be investigated in relationship and custody cases

• Depending on the nature of the case, opinions should be sought from social experts, psychologists, or educators.
• Partial evidence gathering should be avoided; all evidence should be collected in a timely manner to avoid prolonging the trial.
• Depending on the circumstances, independent evidence should be gathered, and investigations should be conducted to support the formation of an opinion regarding custody.
• The right to defense should not be restricted, and notifications should be served in accordance with proper procedure.
• Family courts are responsible for custody and relationship cases; however, if they are not, the civil court of first instance should handle such cases. The civil court of first instance's role as a family court should be stated in the court records.
• The place of residence of the parent holding custody constitutes jurisdiction in custody cases. While not absolute, custody cases can also be filed in the place of residence of one of the parties.

Common mistakes

• The fact that the case is being heard in family court is not included in the minutes. In such cases, reopening the hearing and repeating the process of serving new summonses, etc., is necessary.
• Conducting a trial without the necessary legal framework being established and with missing parties.
• The problem is the failure to conduct investigations and gather independent evidence that would support a decision regarding custody, even though the necessary conditions were met.

For more information and support on this matter, you can consult with our firm's experienced lawyers.