In cases such as divorce or custody being given to a single parent, the non-custodial parent has the right to meet and establish contact with his or her child on a regular basis. This right is called the right to personal contact. In this article, we will examine the details of the right to personal contact and the costs arising from this right.
What is the Right to Establish Personal Relationships?
The right to establish personal relationships is regulated in Article 323 of the Turkish Civil Code. According to this article, even if one of the parents has custody, the other parent has the right to establish a personal relationship with the child. This right is important for the child’s healthy development and maintaining his/her bond with his/her mother or father.
How to Build a Personal Relationship?
How the personal relationship will be established is determined by the family court. The court makes a decision taking into account the child’s age, the wishes of the custodial parent and other concrete circumstances. Details such as the frequency, duration and location of meetings are specified in the decision.
Expenses Arising from Personal Relationships
Expenses arising from the exercise of the right to establish personal relationships are called personal relationship expenses. These expenses may include:
Transportation expenses (flight ticket, bus ticket, gasoline, etc.)
Accommodation expenses (hotel fee, etc.)
Food and beverage expenses
Entertainment and activity expenses
Who Pays Personal Relationship Expenses?
Personal contact expenses are covered by the party exercising the right to personal contact. This party is the non-custodial parent. However, if the financial situation of the custodial parent is good and the benefit of the child requires it, the court may ask the custodial parent to contribute to the expenses.
Supreme Court Decisions
The Supreme Court has made many decisions regarding personal relationship expenses. Some of these decisions are:
Personal relationship expenses should be determined in a way that does not put the custodial parent in a difficult situation.
How much personal relationship expenses will be should be determined by taking into account the child’s age, financial situation and needs.
It is important to document personal relationship expenses.