This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Kişisel İlişki (Görüş) Düzenlemesi ve İhlali.
Whether a contact order can actually be enforced depends on the detail written into it. Wording such as "contact at suitable times" cannot be enforced. Days, times, the place of handover and return, and the arrangements for religious and school holidays must be stated expressly. And where an order is not complied with, it is no longer the enforcement office that acts but the judicial support and victim services directorates.
Custody rests with one parent, but the other's right to a relationship with the child is protected by statute. Below: how contact is arranged, how the order is enforced, and the change made in 2022.
The Statutory Basis
TMK art. 323: each parent has the right to request appropriate personal contact with a child not in their custody.
TMK art. 324: each parent must refrain from harming the child's relationship with the other and from obstructing the child's upbringing and education.
Where contact endangers the child's welfare, where the parents exercise the right contrary to their statutory duties, where they take no serious interest in the child, or where other important reasons exist, the right of contact may be refused or withdrawn.
TMK art. 325 also provides for contact with third parties: in extraordinary circumstances and to the extent it serves the child's interest, the right may be granted to others, in particular relatives. This is the basis on which grandparents seek contact with grandchildren.
What the Order Must Contain
Most problems in practice come from orders that are not written clearly enough.
- Days and times. "The first and third weekend of each month, from 10:00 on Saturday to 17:00 on Sunday" — unambiguous.
- Mid-year and summer holidays. Between which dates, and for how many days.
- Religious and public holidays. Which day of which holiday, and between what hours.
- Birthdays. The child's and the parent's.
- Place of handover. Stated as an address; "a place to be agreed" generates disputes.
- Who hands over and collects.
- Contact by telephone or video, with days and times.
The child's age also shapes the arrangement: for very young children, daytime contact rather than overnight stays may be ordered and extended in stages on expert advice.
| Element | Why it is needed |
|---|---|
| Days and times of contact | Vagueness destroys enforceability |
| Place of handover and return | The commonest point of dispute |
| Who carries out the handover | Must be stated where a third party is involved |
| Mid-year and summer holiday arrangements | Long periods need separate provision |
| Religious holiday arrangements | Should alternate year by year |
| Birthdays and special days | Cannot be claimed unless written in |
| Travel abroad with the child | Permission and conditions must be stated |
The more detailed the order, the more enforceable it is; every point left open becomes a future dispute.
How the Order Is Enforced
An important change was made in 2022.
Previously, child handover and contact orders were carried out through the enforcement office. Those provisions of the Enforcement and Bankruptcy Act were repealed by Act No. 7343.
The subject now falls under the Child Protection Act No. 5395. Orders for the handover of a child and for contact are carried out by the judicial support and victim services directorates.
The purpose of the change was to end traumatic practices such as a child being collected in the presence of an enforcement officer.
Applying: application is made to the judicial support and victim services directorate for the order to be carried out. The directorate takes the steps needed for the handover to happen in the child's best interests, using handover facilities where necessary. The system also provides for the appointment of experts and for psychosocial support.
When the Order Is Not Obeyed
- Document every breach. Date, time, and a record showing you were at the handover point — a witness, a location record, camera footage.
- Apply to the judicial support directorate for the order to be carried out.
- Request the coercive measures provided for under Act No. 5395.
- Bring an action to change custody. Systematic obstruction of contact is one of the grounds for changing custody.
- Ask for protective measures — preventing the child from being taken abroad, and notification of any change of address.
The fourth point matters: courts treat persistent obstruction of the relationship with the other parent as conduct contrary to the child's best interests. That is why a dated record of each breach is the strongest evidence in any later action.
Varying the Arrangement
A contact order can be revisited as circumstances change:
- The child growing older and the school routine changing
- One party moving to another city or country
- A change in working patterns
- The child's health
- It becoming clear that the existing arrangement does not serve the child
The application is made to the family court, showing concretely why the existing arrangement is inadequate.
Travel abroad. A custodial parent taking the child abroad affects the other parent's contact rights and is a matter for protective measures. An order preventing the child from leaving the country can be sought.
Internationally, a return application may be made under the Hague Convention on the Civil Aspects of International Child Abduction, to which Turkey is a party; the application goes to the central authority, the Ministry of Justice.
Since 2022, child handover and contact orders are carried out by the judicial support and victim services directorates rather than the enforcement office (Act No. 5395). Have the days, times, handover place and holiday arrangements written into the order without ambiguity.
Frequently Asked Questions
How is a contact order enforced?
By application to the judicial support and victim services directorate; enforcement through the enforcement office was abolished in 2022.
What if the order is not obeyed?
Document each breach, apply to the directorate and request the coercive measures. Persistent obstruction can be a ground for changing custody.
Can grandparents see their grandchild?
Under TMK art. 325, in extraordinary circumstances and to the extent it serves the child's interest, contact may be granted to relatives.
What should the order say?
Days and times, holiday arrangements, the place of handover, who carries it out, and the days and times for telephone or video contact.
Can I stop the child being taken abroad?
You can seek a protective order. If the child has already been taken, a return application can be made under the Hague Convention through the Ministry of Justice.