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Petition to Answer the Custody Case

The custody case is the most common type of case for spouses who are divorced and have joint children. Family Court judge in custody cases wide discretion has been recognized. For this reason, an effective defense is important in the trial process, also known as the investigation process.

In this article, Lawyer Saim İncekaş shared with you the response to a custody case and how to make an objection, and examples of the response petition to the custody case.

Petition to Answer the Custody Case

ADANA FAMILY COURT

FILE NUMBER :

                                                                       FORENSIC HELP IS REQUIRED.

BEHIND

(DEFENDANT):

ATTORNEY: Adana İncekaş Law Firm - Att. Saim İncekaş

Claimant:

DEPUTY                           :

T. SUBJECT: PRESENTATION OF OUR DECLARATIONS RELATED TO THE CASE.

DESCRIPTIONS              :

1-) Sides , …. They were divorced on the grounds that the plaintiff was seriously at fault with the order no. In the divorce decree, joint children…. and…. their custody is left to the client - mother; a provision was made regarding the personal relationship of the children with the plaintiff father on the 1st and 3rd Saturday of each month, official holidays and every July. ( ANNEX 1 )

2-) When the plaintiff did not pay the alimony of the participation which was decided in favor of the joint children and the poverty alimony in favor of the client, he started a prosecution against the plaintiff with the execution file numbered ……. the plaintiff did not make any payment despite the court order and the proceedings.

3-)After the divorce, the plaintiff does not care for the common children, does not pay the child support, makes no financial or moral contribution to the care and needs; the client in may 2014 after the marriage was unjust and unsubstantiated.

4-) In the opening of this case the plaintiff is malicious; the case of an unjust and unlawful substitution must be rejected. That is;

  • Contrary to what is stated in the petition, the joint children live together with the client and the client's current spouse, a total of 4 people in the same residence. (APPENDIX 2) The 7-year-old son of the client's current spouse from a previous marriage lives in a separate residence with the mother and father of the client's spouse. Joint child…. There is no situation that will create negative spiritual and moral problems. The statements of the plaintiff on this matter do not reflect the truth.  
  • The home environments and living conditions of the children are comfortable, they have their own rooms, and the client and his spouse show all kinds of interest and interest in the education and development of the children. Joint child…. Contrary to what is stated in the petition of the case, the attached document is going to the 1st grade as can be seen, and the client was sent to the kindergarten last year. (Annex 3)
  • The client's allegations of psychological cooling and denigration against the plaintiff father are unfounded. The plaintiff father was indifferent to the children and cooled the children with his own behavior. Although his personal relationship with the joint children ended, he did not deliver them to the client, and the client had to take the children by police force. Therefore, children are afraid of going to their fathers and do not want to go there. (Annex 4)

5-)  The plaintiff is self-employed and has no regular income. When the children go to the plaintiff, their grandmothers take care of the children, and the plaintiff does not show enough attention to the children. It is clear that in the event that the custody of the children is given to the plaintiff, both the material and moral needs of the joint children will not be met.   

6-)The client's spouse works under insurance and has taken care of the client and the children. He embraces children as his own children and shows all the attention and care expected from a father. Joint children grow up with the client in a peaceful family environment. In addition, children depend on their mothers' affection and care.

All these points show that it is in the interests of the children that the custody of the children continues to remain with the client; The case which was substituted by the plaintiff unfairly and unfairly should be rejected.

LEGAL REASONS : HMK, TMK, Related legislation

LEGAL EVIDENCE:

1-) X  Numbered divorce notice

2-)Population Registration Example

3-)Certificate of Education of Joint Child…

4-)Delivery-delivery report dated 01 / 08 / 2014

5-) X   assignment letter

6-)Witness statement

Name:….  

The witness will make a statement that the plaintiff is not interested in joint children, that all of his needs are met by the client and that the children are raised in a peaceful and happy environment.

7-)All kinds of legal and discretionary evidence

CONCLUSION:

In view of the issues described above and to be determined ex officio,  Acceptance of our request for legal aid, Rejection of an unjust and unlawful substitution, We respectfully supply and demand that the decision to leave the attorney to the plaintiff bears the costs and fees. ../../2014

ATTACHMENTS

1-) … .. divorce decree

2-)Population Registration Example

3-)Joint Child Learning Certificate

4-)../…/2014 dated delivery-delivery report

5-)…. assignment letter   

   Attorney-at-Law (Attorney)

Petition for the Custody Case Answer -2-

ADANA 1. FAMILY COURT

FILE NUMBER                                      : 2016 / .... TO.

AN ANSWER TO THE CASE :

DEFENDANT                                           :

PLAINTIFF                                           :

SUBJECT                                       : Petition for Answer

DESCRIPTIONS                           :

1- Plaintiff with Mersin 2. We were divorced by the Family Court's decision 2013 /… E, 2014 /… K, and with the protocol made in the divorce case, the plaintiff agreed to give me custody of our joint children and to give 500,00 TL alimony for each child.

2- He claims that he cannot pay the child support that he has accepted to pay because he is currently unemployed, the joint children have not been enrolled in the school, therefore he wants the child support to be removed or dropped or the child custody given to him.

3- Claiming that the plaintiff is currently unemployed cannot justify the removal or reduction of alimony or the transfer of custody to him. Moreover, the plaintiff still has the power to pay the appreciated alimony. The plaintiff does not have a situation that will prevent him from working again. The fact that the plaintiff is not working is not considered sufficient for him not to pay alimony, and the custody of the spouse who is not given the custody is presented concrete evidence that prevents him from working, such as health reasons. It has to prove that there is a phenomenon of inability to work, not that of not working.
Such a situation is never the case in our case.

4- The plaintiff is responsible for the failure to enroll children in school. Because the joint children during the registration 'I will make your registration' he took to his side and caused the registration period to pass. We request that the children's statements be taken.

5- Joint children are girls. Plaintiff is usually driving at night and going to and from abroad. In addition, the plaintiff is currently in the home of his parents. A total of 8 people, including mother, father, married brother, wife and children, and single sister, stay together.

6- In addition, I would like to ask the children to be taken under custody and take their statements about their wishes.

EVIDENCE AND EXPLANATION       :

1-Adana 2nd Family Court file no 2013 /… E, 2014 /… K

2-Research to determine the economic and social conditions of the parties

3-Witness statements

4-Declarations of Children under Custody

LEGAL REASONS                     : TMK and related legislation

DEMAND AND CONCLUSION                         : I respectfully submit and request the rejection of the unfair and unlawful case and the decision of the trial expenses to be charged to the other party with the matters described above and taken into consideration ex officio.07/12/2016

                                                                                               Defendant

Petition for the Custody Case Answer -3-

ADANA () TO THE FAMILY COURT

FILE NUMBER :

 

RESPONSIVE

DEFENDANT:

 

ATTORNEY:

 

Claimant:

 

ATTORNEY: 

 

SUBJECT : It is our petition containing our statements against the request of the other party to change the custody.

DESCRIPTIONS

 We do not accept the lawsuit filed against my client in the file mentioned above. The lawsuit is unjust and unjustified. The points stated in the other party's petition dated 05 / 12 / 2015 are unreal and unacceptable.

The plaintiff filed this case because he wanted to get revenge on my client and make my client struggle, even though he could see the child. Contrary to the matters stated in the petition of the other party, the plaintiff can see the joint child at any time; he can even visit his son's school and give him pocket money. In the petition, the plaintiff did not allow my client to speak even if he saw his child on the street and used incorrect statements. These issues are completely unreal; because the plaintiff had no difficulties in meeting his child.

The joint child needs love from both mother and father. My client does everything in his power so that the child can meet with the plaintiff and get the father's attention. But due to the age of the child, he needs his mother more than my client; My client can best understand and meet the needs of such a young child, his order, his attention and the things that will be good for him.

My client noticed a change in the child on the days when he sent his child to stay with the plaintiff; The child constantly wanted to sleep with my client and could not even go to the toilet alone. My client later learned the reason for this situation by talking to his child. On the days when my client sends the child to stay with the plaintiff, the plaintiff and his family make the child watch a horror movie, and this thoughtless act of the plaintiff adversely affects the child. Making a child of such a young age watch horror movies that can deeply affect his psychology while he is in full development may cause significant problems in the child's development. Although this situation has an important place in terms of the development of the child, the social experts who came to the Enforcement Office stated that they could not do anything when this issue was stated. The joint child… when brought back after being taken by his father, comes with the so-called pistol or rifle-like gun toys. Although my client and his family have repeatedly told the negative effects of the child's play with such toys due to their age, and have repeatedly warned against buying such toys, the plaintiff and his family continue their attitude to buy toys that are called weapons. Again, when the plaintiff and his family see… in the street at the school or in the park, they give him money. Although my client stated that this is also a wrong behavior, as of his age… the unlimited spending of money will negatively affect his character, the plaintiff and his family do not give up their attitude. The plaintiff and his family perceive caring for a child as getting whatever the child wants, and they do not understand that this behavior is a behavior that can turn the child into a spoiled character. My client and his family have serious disagreements with the plaintiff and his family in the direction we have told about the upbringing of….

There is no reason for my client to take revenge on the plaintiff. On the contrary, the plaintiff insulted my client every time he met with my client to deal with the ambition of the divorce. This has shown to my client that one-to-one meeting or attitude with the plaintiff makes no sense to the plaintiff. For this reason, the client does not trust the plaintiff and the child wants to be taken by the executive way.

My client works in a place called… to prepare a good future for his son and to make him live in better conditions. His parents, with whom he shares the same house while working at the workplace, take care of his son. My client works to earn a living and take care of his son. We do not accept what the plaintiff says, it is out of the question for the child to stay alone at home; because my client is not a person living in his home alone. He has parents whom he can trust and entrust his son. My client takes care of his child personally every day so that he does not feel the lack of his father. My client is very fond of his child and does everything in his power to ensure his happiness.

My client is always taking care of his child. However, the plaintiff leaves his child with his mother and father after taking it and does not take him to the house where his wife is, although he is married. Even this is obvious evidence that the plaintiff took the… only to torture my client.

Custody is a matter of child safety, which is essential to the child's best interests and safety. The child; Providing facilities and facilities that will not adversely affect the physical, intellectual, moral, spiritual and social development are elements that are the basis of custody.

In a decision of the Supreme Court; Since it is necessary to refer to the view that “custody should be given to the mother, taking into account the desire of the common child who is in maturity to stay with the mother, custody should be given to the father in written form and it is against the procedure and the law and requires to be violated” and when the social expert report of your court ... It will be seen that it is reported that it is more correct to stay with the mother.

Before the hearing of the joint child… the subject of our case. urgent we demand. Also when …'s mom and dad were absent by court judge we demand that the person to be heard in the court of one-to-one court judge or in the courtroom while the social expert is present.

OUR LEGAL EVIDENCE: Witness Statements, report of the social expert (pedagogue), social economic situation research, population records, complaints made by the plaintiff in the public prosecutor's office and complaints made against him in the capacity of suspect, witness statements (names and addresses to be announced later), oath, all other evidence

REQUEST RESULT: As we explained above the supply and; with respect to the attorney on behalf of the attorney, I offer and demand that the costs of attorney and power of attorney be charged to the other party along with the rejection of the lawsuit filed against us unjustly.

                                                                                                                             

       Acting Attorney

                                                                                                          Av.

ANNEX: Power of Attorney

Petition for Response to the Custody Case (Positive Conclusion)

 ADANA FAMILY COURT

 

FILE NUMBER :

RESPONSIBLE DEFENDANT: 

Claimant: 

ATTORNEY: 

SUBJECT : Our answers are presented.

DESCRIPTIONS

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The plaintiff filed a custody lawsuit against me within the scope of the file mentioned above.

First of all, the competent court in the custody cases is the domicile of the defendant. Since the residence of the joint child whose custody is requested and the residence of my defendant person is ……, the competent court ……. are the courts. As a result, …… .. courts have no jurisdiction regarding this case and the competent court is… courts. I openly object to this issue.

The plaintiff alleged in the petition that the joint child was not properly cared for by me and that I was grossly negligent in performing my custody duty. Again, the plaintiff claims that I accept that I cannot take good care of the joint child and that I have requested the plaintiff to take custody. The allegations in question are completely untrue. It is out of question for me to accept such an offer, let alone asking the plaintiff to take custody of the joint child. The fact that I have fully provided all the health, education and material and spiritual needs of the joint child during the time I have the custody is an indication that I will do my best for the physical and spiritual development of the joint child.

It is not possible for us to agree in writing on the day of… that the custody of our joint child… is given to the plaintiff father. The joint child stayed with the plaintiff during the summer break of 2014. On his return from vacation, he started to display a harsh and rebellious attitude towards me, although we had not had any problems until that day. The fact that this attitude started after the plaintiff came from his side clearly shows that the reason for these behaviors is that my son is under the influence of the plaintiff. My son, who has been receiving treatment for 5 years due to his allergy, stopped his treatment after coming from the plaintiff. Again, he started to disrupt his school after vacation. To solve the situation in question, Assist. Assoc. Dr. After not meeting with the pedagogue …… ……, I have temporarily allowed my son to go to his father so that he can attend school. This permission has been given for a temporary period in order not to harm the development of our joint child. If I do not want the custody to be given to the plaintiff, it is not even a question.

In addition to all these, although it was stated in the petition that the plaintiff was very fond of his child and was ready to spend all his money in order for his physical and mental development to be healthy, the plaintiff did not take care of his child for two years after the divorce process. At the end of two years, he started to meet during the summer holidays. He objected to the subsidiary alimony assigned for the needs of the child. Despite this, the fact that he expresses his readiness to spend all his money for his child does not reflect the truth. He paid 5 TL alimony during the 175 years that I have custody, and this year he made threats against me and my family in return for my alimony increase case due to the increase in the needs of our son. Although he claimed that he was ready to spend all his wealth for his son, he could not even tolerate the possibility that the amount he would pay for him would increase. The case of changing the custody he has filed is also a case filed with malicious intent against the lawsuit that I have filed for increasing the alimony. The plaintiff took my son the day he came to the first hearing of the case I filed against him. This point also shows that the sole purpose of the plaintiff is to prevent the increase of alimony in the lawsuit filed against him. The plaintiff, disregarding the emotional development of our son, included him in this lawsuit, which he filed in bad faith, and affected me negatively. I cannot see my child right now. 

In addition to all these issues, the joint child 5 has been living with me for years and we have maintained a regular life with my son. As such, my child's detachment from this familiar environment and adaptation to a new life may adversely affect his psychology due to his age. Having problems with the families of the newly entered adolescents causes them to move away from their families and establish a closer relationship with their friends. Making bad friendships can cause serious harm to the future. In such a case, the fact that the joint child undergoes great innovations in these dangerous times when he / she enters adolescence and benefits in terms of physical and psychological development of the child will cause harm. I demand that this decision be taken into consideration in the decision to be taken by your court. 

EVIDENCE: Evidence of population family registration table, Sed survey, witness statements etc.

RESULT-PROMPT: I hereby submit and request with respect to the DISCLAIMER of the case, the fees and expenses of the proceedings and the charge of the attorney on the claimant for the reasons described above and to be determined as the facts of the proceedings. 24.11.2014

                                                                                                          Defendant

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Petition for Response to the Custody Case (

Petition for Response to the Custody Case (Positive Conclusion)

 ADANA () FOR FAMILY COURT

FILE NUMBER :

RESPONSIBLE DEFENDANT:

Claimant:

SUBJECT :Presenting our answers to the case.

DESCRIPTIONS

The plaintiff filed a lawsuit against me for the abolition of child support and custody.

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1-First of all, the competent court in custody cases is the domicile of the defendant. Since the residence of the joint child whose custody is requested and the residence of the defendant is in Kocasinan / KAYSERİ, the competent court is Kayseri courts. As a result, Gaziantep courts have no jurisdiction in this case and the competent court is the Kocasinan courts. I openly object to this issue.

2-The plaintiff and the Gaziantep 2nd Family Court were divorced with their case file and in the protocol signed, the plaintiff told me that the custody of the child should be given to me.In the petition of the case, the joint child was not properly cared for by me and claimed that I had gross negligence in performing my custody duty due to my marriage. The allegations in question are completely untrue. The fact that I have provided all the health, education and material and spiritual needs of my joint child during the time that I have the custody is an indication that I will do my best for the physical and spiritual development of the joint child.

 3-I allowed our joint child, Halil Emir, to stay with his father for more than the time period determined by the court when the plaintiff had no difficulties in terms of personal relations with the father. In addition to this, although the petition of the claimant is very fond of the child's side and the physical and mental development to be healthy to be ready to spend intensively, even though the plaintiff's divorce was beaten by his brothers before the divorce process and tried to drop my child by kicking my belly. The investigation and prosecution files are still derdesttir. Despite the fact that he wants to raise his child in his own custom, his family does not want the child and I am concerned about the life of my child when he establishes a personal relationship with my child.

4-The lawsuit for the change of the custody and the removal of alimony was definitely opened in bad faith because he is a person who is incapable of even demanding the removal of alimony for the monthly sustenance of the child. In my new marriage, my wife, as she knew how to be a father before, behaves as if she is her own child who has adapted to my child and loves my son very much.Being a father is not just biological. . There are auto tire repair companies jointly with my child and his brother who take care of my child and me in the best way.When I come to my family with my child, he calls and talks with my son, showing his love, he is such a sensitive and loving person.

EVIDENCE: Court proceedings ,Evidence of population family registration table, Sed survey, witness statements etc.

RESULT-PROMPT: I respectfully submit the request and rejection of the case for the reasons explained above and to be determined as the facts of the trial at the trial stage, to leave the trial fees and expenses on the claimant. 03.04.2019

                                                                                                          Defendant

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Petition for Response to the Custody Case (Positive Conclusion)

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ADANA FAMILY COURT OF JUSTICE

 

FILE NUMBER :

AN ANSWER TO THE CASE

DEFENDANT:

 

Claimant:

 

SUBJECT : The response to the plaintiff's case and statements consists of submitting my petition.

DESCRIPTIONS :

 

 First of all, it should be noted that all the issues claimed by the plaintiff in the petition are devoid of legal basis, unfounded and unrealistic. That is;

1-) Plaintiff alleges that I fired him and our child from the joint residence. However, the defendant bought the house that he reported to the Court as an address, together with his family, put a tenant here, then removed the tenant and made various renovations, bought furniture in this house over time, and brought many kitchen utensils, including our child's belongings in the joint house, to this house little by little with the family. carried it home. I heard about this house much later. Electricity, water and various bill subscriptions are also on him. Therefore, the plaintiff actually set up a scheme for himself and did it secretly, and now he claims that I kicked him and our child out of the house. Such a situation is unacceptable.

2-) Although I have fulfilled the duties and requirements that the marriage association has imposed on me with great care, endured a number of behaviors of my wife with great patience, I could not see the same sensitivity from the plaintiff. The plaintiff was able to provide electricity, water, etc. He claims that I did not pay the bills and that I did not cover the various expenses of the house and that I showed my child about the necessary expenses. However, when the bank records, receipts and statements that I will present in the annex of this petition are examined, the truth will be revealed. If necessary, your subpoena can be written to the relevant banks by this regard and a subpoena can be requested.

Therefore, these claims of the plaintiff are unfounded allegations that are completely flawed by myself and mislead your court on this occasion.

3-) The plaintiff claims that I did not come home and that I did not take care of them. As a security guard at Istanbul Metropolitan Municipality, I work with a shift system as a requirement of my job. While the plaintiff is a housewife in this process, I have to work for the expenses of our joint child and for the livelihood of the house. Their claims that I did not come home and show no interest are completely untrue.

4-) The plaintiff does not fulfill many responsibilities imposed by the marital union. It is never out of question that I have any psychological, verbal or physical violence or ill treatment against the plaintiff. While the plaintiff does not work, while I am constantly at home, I do not fulfill many responsibilities, including housework, and I even fulfill my own iron and many responsibilities. While this is the case, it is unfair that the plaintiff also found unfounded allegations.

5-) Together with the claimant, who claimed that I was not looking at home, that I was not interested in him and that I did not meet the necessary expenses, we opened a business with the credit that myself had taken to operate. I took a loan from the bank and left the financial affairs of the cafe to him, thinking that he assumes a responsibility, earns and spends time. This will also occur in the receipts I will present to your Dear Court. When the goods were bought for the company, I bought my own vehicle and credit card and the necessary materials and products. Apart from my job, I showed him the necessary support materially and morally. So much so that I still continue to pay my remaining debts for this situation.

6-) In August 2019, the plaintiff went to his mother's hometown, Malatya, without any notice, suddenly taking our joint child with him. When I called the plaintiff, I declared that he went to the country and learned this situation in shock. Rather than dealing with the responsibilities of the marital union, the plaintiff constantly goes to his family and relatives in such a way that he neglects the responsibilities of the home and family association. In this process, the plaintiff blocked my personal number both from his own phone and from the phone of our joint child, and prevented me from meeting with my child, establishing communication and personal relations for a period of approximately 1 month. After coming from Malatya, he started to live in the house in question, which he called "my family's house" but which I heard appeared on his mother in the records that were "his house".

7-) Our joint son… .. is going to class this year ... He will take the exam for a good high school education that is important for him and his future. Because I think the future of our joint child; He went to the plaintiff's house in Zeytinburnu, met with the plaintiff, and told him that our child said, "This is not true for our child, and that our child should continue his education at Cibali Secondary School in Fatih, or his departure from the school and his friends in such an important examination process is psychological. I tried to explain that it may be even more difficult to adapt to a new environment in such a period because of the exam. The plaintiff, on the other hand, never approached this, read what he knew, and snapped my person.

The plaintiff declares that our joint child did not cover their expenses. All these claims of the plaintiff are unrealistic. I personally covered all the expenses of our joint child, both stationery, school and all kinds of expenses.

Again, due to the case at hand in your court of plaintiff…. In the hearing dated, our joint child stated that Atakan "did not attend a course, did not enroll". However, this claim of the plaintiff is also untrue. Because our child is going to the LGS Preparation …… .. course and the studies and courses given by his own school and at home he is prepared for his exam with various lectures and test books I have taken for him.

😎 In order for our family unity, happiness and my home not to break up …… .. even though I learned that he could not pay for the refrigerator he bought with my own credit card to the house his family claimed to be his home, and I asked me to pay, even though I learned all these situations without any problem. All of these situations are fixed in bank records and statements. However, all these allegations of the plaintiff in his petition are untrue. None can be accepted.

9-) I have been diabetic for about 5-6 years and I have been using medication. 3 times in…,…. I had angiography twice in year and 2 stents were placed in my heart. I am still receiving drug treatment related to this issue. I have reports on all these issues. For 3 years ...

I am serving as Since I fulfilled the necessary conditions in …… and… .. months, I have applied for a disabled pension and await the result.

10-) I have subsequently been informed externally of this lawsuit and the petition filed in your court. Therefore, in order to defend myself, I could not submit my reply petition and my answers to the plaintiff's case to your Honorable Court. I am ready to prove all the points and claims that I have stated in this reply petition I gave to the plaintiff's case, both by oath, by witnesses and by all kinds of other evidence.

On the other hand, although temporary custody has been given to the mother as per the interim decision of your Honorable Court, no provision has been made in terms of establishing a personal relationship for certain days and hours or for any timing so that we can establish a personal relationship with my joint child. Establishing a personal relationship with children is as important for the father as it is for the mother. Therefore, this is against the law. I request your Honorable Court to make a decision in terms of establishing a personal relationship with my child. As a matter of fact, according to the decision of our Supreme Court Law No. 2007/2-622 E., 2007/598 K.;

"DUE TO PERSONAL RELATIONSHIPS THE PEACE OF THE CHILD IS IN DANGER OR THE MOTHER AND FATHER USE THESE RIGHTS BACKGROUND TO THE OBLIGATIONS PRESENTED IN THE LAW, OR THEY ARE NOT INJECTED TO THE CHILD AS SERIOUSLY OR OTHERWISE. IT IS PROCEDURE AND IT IS UNLAWFUL THAT THE PROVISION IS ESTABLISHED AS 'THERE IS NO PLACE OF PERSONAL RELATIONSHIP WITH THE DEFENDANT FATHER' BEFORE THE STATUS IS REALIZED IN THE LAW. "

 

On the other hand, according to the Supreme Court, it is imperative to get their opinion in terms of custody, accompanied by an expert pedagogue in terms of children who have reached the age of understanding. Our common child is in the age of realization in terms of Supreme Court decisions. As a matter of fact, our Supreme Court of Law General Assembly in terms of a lawsuit against the custody dispute regarding the minor, who is only 8 years old in the concrete event;

Since custody is given to the mother or father, it is more of a child's interest, it is related to the provisions of article 12 and 3 of the United Nations Convention on the Rights of the Child and the Articles 6 and XNUMX of the European Convention on the Use of Children's Rights. If the child, whose custody is held in the age of comprehension, in the face of legal regulations, it is necessary to consult and receive his opinion on this issue that concerns him closely. (See. Supreme Court Law General K, Principal No: 2017 / 2-3117, Decision No: 2018/1278) in the form of a provision.

11-) In addition, despite all these situations, we still live together as a family in the joint residence with our joint child and the plaintiff. I cannot understand what the plaintiff's lawsuit is about, or what they are trying to do. It is not possible to accept the claimant's claims regarding the expenses of the house, my child's education and expenses, and all other issues stated in the petition of the plaintiff, and all of them are untrue. As I have stated, the plaintiff and our joint child and I still live and reside under the same roof. While this is the case, it is against the principle of honesty and goodwill, as per Article 2 of our Civil Code, for the plaintiff to try to accuse me of fault with untrue claims and subsequently demand temporary custody and alimony. The claimant's alimony and other demands must be rejected. As a matter of fact, in a decision of the Supreme Court on this issue;

In order for the debtor to be held responsible for paying alimony in terms of the child for whom alimony is awarded, the child must be with the creditor. The debtor claims the opposite and claims that the joint child, whose custody was left to the creditor, remained with him after the divorce, and this claim can be proved with any kind of evidence. Accordingly, while the court should decide according to the outcome of the claim that the joint child stays with the debtor's father after the divorce, by examining all kinds of evidence reported by the debtor, it is inappropriate to reject the objection in this direction on the grounds that the witness cannot be heard by the narrowly authorized enforcement court. (See 12th Civil Chamber of the Supreme Court, 2018/4960 E., 2019/591 K.)

 

Briefly, for the reasons I have tried to explain and the reasons I have tried to explain, the baseless and unrealistic claims of the plaintiff are nothing more than attributing fault to me. Therefore, it cannot be accepted. The material truth will emerge as a result of the trial. I request that the custody of our joint child be given to me as a result of the trial to be made to the establishment of a personal relationship with an interim decision. I demand the rejection of all claims of the plaintiff that are unjust and lacking in legal basis.

LEGAL REASONS : MK and other relevant legislation

EVIDENCE: Without prejudice and the right to provide evidence against the evidence of the plaintiff;

Registration of the population, witness statements (will be presented to the Honorable Court), Bank Records (Some of them are requested to be submitted in detail in the annex of my petition and if necessary, your subpoena is requested), oath, expert and any other legal evidence.

 

RESULT and REQUEST: Due to the supply and the reasons explained above;

1-) DISCLAIMER of the plaintiff's unfair trial, custody, alimony, and all other requests,

2-) TO PERSONAL RELATIONSHIP WITH MY COMMONLY CHILD, TO CUSTOMIZATION OF Custody as a result of the trial,

3-) I respectfully request and request from your Honorable Court that all trial expenses be left to the plaintiff.

                                                                                                           Respondent Respondent

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Adana Bar Association - Attorney Saim İncekaş - Custody Lawyer

About the Author: Lawyer Saim İncekaş

Saim İncekaş is a lawyer registered with Adana Bar Association. He has been working at İncekaş Law Firm, which he founded, based in Adana, since 2016. After completing his law education with a master's degree, he carried out many different studies in this field. He is an expert in areas such as family law, divorce, custody cases, children's rights, criminal cases, commercial disputes, real estate, inheritance and labor law. Saim İncekaş is actively involved not only in the Adana Bar Association, but also in associations and organizations such as the European Lawyers Association, the Union of Turkish Bar Associations and Access to the Right to a Fair Trial. In this way, it takes part in many studies aimed at increasing awareness of the universality of law and confidence in the legal system. Contact Us Now via WhatsApp for an Appointment and Preliminary Meeting

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