The right to establish personal relations with a child holds vital importance within the Turkish legal system and internationally for the healthy development of the child and the sustainability of family ties. The primary purpose of this right is to ensure the continuity of the psychological and spiritual bond between the child and the parent who has not been granted custody following situations such as divorce or separation. This regulation not only ensures that the child is not deprived of the love and attention of the non-custodial parent but also allows parents to fulfill their maternal and paternal feelings. The scope of this right aims to enable contributions to the child's upbringing, to be informed about their development, to maintain kinship relations, and to prevent alienation from parents.

The legal bases for this right are found in both national and international instruments. Article 323 of the Turkish Civil Code (“TCC”) explicitly states that every mother and father who is not under custody or has not been granted custody has the right to request appropriate personal relations with their child. Furthermore, TCC Article 182 mandates the judge to regulate personal relations ex officio when deciding on divorce or separation. Internationally, Article 3 of the United Nations Convention on the Rights of the Child (“UNCRC”) stipulates that the best interests of the child shall be a primary consideration in all actions concerning children, while Article 9 guarantees the right of a child separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except when it is contrary to the child's best interests. Article 8/I of the European Convention on Human Rights (“ECHR”) also guarantees the right of parents to establish personal relations with their child within the scope of the right to respect for private and family life. Decisions by the European Court of Human Rights (“ECtHR”) also emphasize that the child's best interests must be given primary consideration.

This right might initially be perceived as a demand from the non-custodial parent. However, international conventions and Supreme Court jurisprudence clearly demonstrate that the right to personal relations is also a right of the child. This right is not limited to children born within marriage but also extends to children born out of wedlock or adopted children. This broad scope indicates that the right is a fundamental human right, based not only on consanguinity but also on the phenomenon of psychological parenthood. This dual and universal nature reveals that the law aims to protect not only the rights of parents but, primarily, the child's healthy development and the sustainability of family ties. The law aims to fill the spiritual void that would arise from a child being deprived of one of their parents and to ensure the child's psychological integrity. This clearly shows that personal relation arrangements are not merely a legal procedure but a critical tool for the child's psychosocial well-being.

1. Legal Nature and Characteristics of the Right to Personal Relations

The right to establish personal relations with a child possesses a unique and strong legal character in Turkish law. This right is considered a right strictly attached to the person, directly held by mothers and fathers by virtue of their own personalities. Due to its nature as a personality right, the right to establish personal relations is non-transferable and inalienable. Even agreements made by mothers and fathers to waive this right or statements to that effect made before a court are absolutely null and void in law. This demonstrates that the right is more than just a claim; it is a fundamental right concerning public order and directly affecting the child's best interests. Therefore, courts have the authority to reject personal relation arrangements that contradict the child's interests, despite agreements made between the parties. This legal guarantee emphasizes the state's determination to protect the child's fundamental rights and that these rights cannot be negotiated. Especially in sensitive processes like divorce, it offers a strong protection mechanism to prevent disputes between parents from violating the child's fundamental rights.

The right to personal relations is regulated as an independent right, not an extension of the right to custody. It is a fundamental principle that a non-custodial parent cannot be deprived of the right to establish personal relations with the child merely for that reason. In doctrine, this right is defined as an "obligation-right" for parents. This definition means that the right to establish personal relations is not only a right but also includes the obligation to consider the child's interests and establish a healthy bond with them. This also reveals that the right to establish personal relations is not merely a "visitation" right but an active "participation" right that supports the child's healthy development.

2. Those Entitled to Establish Personal Relations and Their Conditions

The right to establish personal relations with a child is granted to a wide range of individuals within the framework of the Turkish Civil Code and relevant international conventions. This right is not limited to parents but is also granted to third parties under certain conditions, and even to the child themselves.

2.1. Parents' Right to Personal Relations

According to TCC Article 323, every mother and father who is not under custody or has not been granted custody has the right to request appropriate personal relations with the child. This right applies to all children, whether born within marriage, out of wedlock, or adopted. For the father to exercise this right, paternity must be established. Even if the mother or father has insufficient economic means, it is considered natural for them to request personal relations with the child if they later acquire a regular income.

2.2. Third Parties' Right to Personal Relations

TCC Article 325 grants the right to establish personal relations to third parties, especially relatives, if extraordinary circumstances exist and to the extent that it serves the child's best interests. These individuals may include grandparents, aunts, uncles, or individuals who have been involved in the child's education and upbringing and with whom a strong emotional bond has been established. For third parties to exercise this right, two basic conditions must be met simultaneously: the existence of "extraordinary circumstances" and the personal relationship serving the child's best interests. Examples of extraordinary circumstances include the death or disappearance of a parent, a parent losing their discernment capacity, or animosity between the custodial parent and the third party leading to the child being withheld.

TCC Article 325's granting of personal relation rights to third parties, especially relatives, reflects the importance given to traditional and extended family ties in the Turkish family structure. This shows that not only the bonds within the nuclear family but also those with other relatives who play a critical role in the child's development are legally protected. This approach reveals that the law considers not only biological or legal parenthood but also the phenomenon of "psychological parenthood" and "emotional bond." This flexibility is an indication of how broadly the principle of the child's best interests is interpreted. The law accepts that healthy relationships between the child and other significant figures in their life, not just their parents, will contribute to their psychological and social development. This places responsibility on the courts to thoroughly evaluate the specific circumstances of each concrete case and the child's emotional needs.

2.3. The Child's Right to Personal Relations

According to Article 9/III of the United Nations Convention on the Rights of the Child, the right to establish personal relations is also a right of the child themselves. The child can request to establish personal relations and also has the authority to request a change in an established personal relation.

3. Circumstances Requiring the Establishment of Personal Relations

The establishment of personal relations most often arises after the divorce or separation of spouses. However, the scope of this right is not limited to divorce and separation. Personal relations can also be established in situations such as the suspension of cohabitation, parents not being married, removal of parental custody, change of custody, or placement of the child with a family or institution. Until a court decision is made, personal relations cannot be established without the consent of the person with custody or to whom the child has been entrusted.

4. Scope, Forms, and Criteria for Determining Personal Relations

Personal relations with a child are not limited to physical meetings but can be arranged in various ways according to the needs of the child and the parent. When making these arrangements, courts meticulously evaluate many factors, based on the principle of "the child's best interests."

4.1. Forms of Contact, Visitation, and Communication

Personal relations include the child physically meeting (visiting, spending specific times together) with the non-custodial parent or other third parties. In addition, personal relations can be established through communication tools such as letters, e-mails, text messages, and phone calls. Especially when the parties are in different or distant locations, these communication tools are of great importance for maintaining the relationship. Personal relations are of a repetitive and regular nature; accidental encounters are not considered within this scope. Furthermore, the right holder's right to be informed about the child's situation is also part of personal relations. Especially in important matters such as the child's medical interventions, school or career choice, information exchange is a natural extension of this right.

4.2. Application of the Child's Best Interests Principle

The most fundamental and priority criterion in personal relation arrangements is "the child's best interests." This principle aims to ensure the child's physical, mental, spiritual, moral, and social development in the best possible way. When the child's interests conflict with the rights of others, the judge gives special weight to the child's interests and prioritizes their rights.

4.3. Age, Health, Education, and Other Important Factors

Courts evaluate many concrete factors to ensure the child's best interests when making personal relation arrangements:

• Child's Age and Developmental Stage: Personal relations should be determined in accordance with the child's age, development, and needs. For example, overnight personal relations are generally not deemed appropriate for children aged 0-3, as they require more maternal care and affection. However, overnight arrangements can be made for older children, especially considering the negative effects of long-term separation from the father.
• Health Status: The child's physical and psychological health is a critical factor in personal relation arrangements. If the child has health problems that prevent travel, the party with the right to establish personal relations may need to visit the child at their location.
• Education and School Periods: Personal relation arrangements should be made taking into account the child's education, school periods, holidays, and course periods.
• Distance between Parties' Residences: The distance between the parties' residences can affect the frequency and duration of personal relations. For long distances, longer-term, holiday-period visits may be preferred, while frequent and short visits may not be suitable as they would force the right holder into costly journeys.
• Status of the Person Establishing Personal Relations: The right holder's working conditions, closeness to the child, personality, place of residence, free time, and social environment are also considered. For example, conditions such as alcohol addiction may prevent overnight personal relations.
• Sibling Relations: When there are multiple children and their custody is granted to different parents, personal relations should be arranged to allow siblings to see each other.

4.4. Taking and Evaluating the Child's Opinion

If the child is of discerning age, taking their opinions on matters concerning them is of great importance. United Nations Convention on the Rights of the Child Article 12 and European Convention on the Exercise of Children's Rights Articles 3 and 6 recognize the child's right to express their views freely and to have those views given due weight in accordance with their age and maturity. While the child's statement alone is not decisive, it is evaluated by the court together with expert (pedagogue, psychologist, social worker) reports and other evidence. The Supreme Court does not consider directed statements from children of discerning age. If the child absolutely refuses to establish personal relations, the request may need to be rejected to avoid disturbing the child's psychological balance.

Personal relation arrangements are not static; they can change and need to be re-regulated over time depending on factors such as the child's age, developmental stage, educational status, and even the parties' living conditions. For example, while non-overnight visits may be suitable for a young child, overnight visits may be requested as the child grows older. This indicates that personal relation arrangements are a living and continuously adapting application of the "child's best interests" principle. Courts must be sensitive to the child's changing needs and living conditions. This flexibility emphasizes that the legal process is not just a starting point but also an ongoing mechanism of oversight and adaptation to support the child's continuous and healthy development.

Criterion	Description/Importance	Example Application
Child's Best Interests	Ensuring the child's physical, mental, spiritual, moral, and social development in the best possible way. Forms the basis of all decisions.	The child's interests take precedence over parents' demands; the court may reject arrangements contrary to the child's interests.
Child's Age and Developmental Stage	The relationship should be appropriate for the child's age and needs.	Overnight personal relations are not suitable for children aged 0-3; overnight arrangements can be made for older children.
Child's Health Status	Protecting the child's physical and psychological health.	If there are health problems preventing travel, personal relations are arranged where the child is located.
Child's Education/School Periods	Personal relations should not disrupt the child's education.	Visitation days are determined considering school periods, holidays, and courses.
Distance between Parties' Residences	The effect of distance on the frequency and duration of visits.	Longer-term, holiday-period visits are preferred for long distances; frequent and short visits are avoided.
Status of the Person Establishing Personal Relations	The right holder's lifestyle, personality, addictions, etc.	Overnight personal relations are not established with a parent with alcohol addiction.
Child's Opinion	Taking the opinions of a child of discerning age on matters concerning them.	The child's statement is taken with expert supervision and evaluated by the court together with other evidence; directed statements are not considered.
Sibling Relations	Arrangements to allow siblings to see each other.	Personal relations for siblings whose custody is with different parents are arranged jointly.

5. Limitations and Modification of the Right to Personal Relations

The right to establish personal relations with a child is not an absolute and unlimited right. The Turkish Civil Code and Supreme Court jurisprudence stipulate that this right can be rejected, restricted, or entirely revoked under certain conditions.

5.1. Cases of Restriction or Revocation of the Right

The main reasons for restricting or revoking the right to personal relations, as stated in TCC Article 324/2, are:

• Endangering or Disturbing the Child's Well-being: If the child's psychological or physical well-being is endangered or disturbed due to personal relations, this right may be restricted or revoked.
• Abuse of the Right by Parents: Parents' use of this right contrary to their obligations stipulated in the law, especially behaviors such as damaging the other parent's personal relations with the child or preventing the child's education and upbringing, may lead to the restriction of the right.
• Lack of Serious Engagement with the Child: If the parent or third party establishing personal relations does not sufficiently engage with the child or fails to meet their needs, the right may also be revoked.
• Other Important Reasons: The law also accepts the existence of "other important reasons" as a justification for restricting or revoking the right. This includes situations such as the person wishing to establish personal relations leading a dishonorable life, physically or psychologically abusing the child, alcohol or drug addiction, or the child's sexual safety being endangered.

Revocation of personal relations is a last resort, to be used only when no other means remain to ensure the child's best interests. The court may decide to limit personal relations to specific durations (e.g., two hours once a month) and even, initially, to be conducted under expert supervision.

The phrase "other important reasons" in the law grants the judge broad discretion, while also allowing for flexible application of the child's best interests principle to specific cases. This shows that the law aims to protect the child's future well-being by evaluating not only the current situation but also potential risks. This approach reveals that the law takes on a "proactive" rather than "reactive" role. Courts can reshape personal relations not only in cases of violation but also by anticipating potential threats to the child's development. This emphasizes the capacity of justice in family law to adapt to the child's individual needs and changing living conditions, rather than rigid rules.

5.2. Re-regulation Based on Changing Circumstances

A personal relation decision rendered by the court is not a final judgment. As conditions change, this decision can always be re-regulated upon request. For example, an overnight personal relation may be changed to non-overnight due to changes in the child's school environment. The principle of "the child's best interests" is also fundamental in the re-regulation process.

6. Judicial Process and Competent Courts in Personal Relation Cases

Lawsuits for establishing personal relations with children are sensitive processes with their own specific procedural rules and competent courts. In this process, the principle of the child's best interests plays a fundamental determining role at every stage.

6.1. Competent and Authorized Court

Family Courts are responsible for lawsuits regarding the establishment of personal relations with children. In places where no Family Court is established, this duty falls to the Civil Court of First Instance acting as a Family Court.

The authorized court is the court of the child's residence, in accordance with Turkish Civil Code Articles 326/1 and 326/2. The concept of "place of residence" varies depending on whether the child is under custody: if the child is under custody, the domicile of their custodian is considered the child's domicile; if the child is not under custody and has not been left with one of the parents by court order, the child's place of residence is considered their domicile. The rules of jurisdiction regarding divorce and the protection of the marital union are reserved.

6.2. Judicial Procedure and Importance of Evidence

In independently filed lawsuits for establishing personal relations with children, simple trial procedure is applied. A request for personal relations heard within a divorce case, however, is decided under written trial procedure.

The court meticulously evaluates evidence based on the child's best interests. This evidence may include witness statements, pedagogical or expert reports, social investigation reports, and documents related to the parties' living conditions. Presenting evidence that supports the child's physical and psychological development is of great importance.

Expert reports, prepared by pedagogues or social workers, are accepted as a significant factor in the court's decision. These reports provide a scientific perspective to the court by evaluating the child's psychological state, their bond with parents, and the potential effects of personal relations on the child.

Hearing the child is carried out in an appropriate environment, often with an expert, to avoid psychologically affecting the child. While the child's statement alone is not decisive, it is considered by the court. The Supreme Court does not consider directed statements from children of discerning age.

The strong emphasis on expert reports and hearing the child with an expert during the judicial process indicates that courts, when rendering their legal decisions, rely not only on legal texts but also on data from multidisciplinary fields such as child psychology and development. This indicates that the "child's best interests" principle has moved from an abstract concept to an application supported by concrete scientific data. This approach acknowledges that family law cases are not just legal disputes but complex issues with social and psychological dimensions. The involvement of experts helps ensure that decisions are made in a way that best promotes the child's long-term well-being and increases the potential for the legal process to prevent the child from being traumatized.

7. Enforcement of Personal Relation Decisions and Sanctions

The enforcement of court decisions regarding the establishment of personal relations with children has undergone significant changes in recent years with legal regulations. The primary purpose of these changes is to minimize the negative effects of enforcement processes on the child and to prioritize the child's best interests.

7.1. New Enforcement System and Judicial Support and Victim Services Directorates (VSD)

With Law No. 7343, the enforcement of judgments regarding child delivery and personal relations has been removed from the scope of enforcement offices and transferred to the Judicial Support and Victim Services Directorates (“VSD”) and Child Visitation Centers (“CGM”). The main goal of this new system is to ensure the establishment of personal relations in a child-friendly environment, without coercion, with the assistance of experts, based on the child's best interests. VSDs position child visitation centers near parks, gardens, and social and cultural activity areas, allowing children to spend quality time.

Applications are made to the VSD with the right holder's petition and the court decision. The directorate of the child's place of residence is authorized; however, the right holder can also apply from their own location. For individuals with restraining orders, procedures are carried out without bringing the parties face-to-face, by arranging time intervals, and taking security measures.

7.2. Child Visitation Centers and Implementation Principles

Judgments and interim injunctions are executed by experts (psychologists, pedagogues, social workers, child development specialists, and guidance counselors) assigned by the directorate. It is essential for the obligor to bring the child to the visitation center in person. The right holder must also pick up and drop off the child in person. If the child refuses to meet, the expert or teacher will conduct interviews with the child, the right holder, and the obligor to try to ensure the child can meet. This process cannot exceed fifteen days.

7.3. Child Delivery and Personal Relation Expenses

All expenses for these operations, excluding attorney fees, are covered by the Ministry of Justice budget. This regulation aims to ensure that the exercise of the right to personal relations is not hindered by economic obstacles. As a rule, the party who has the right to establish personal relations with the child is obliged to cover transportation and care expenses. However, if this party's financial situation is poor, the custodial party may need to cover the expenses partially or entirely.

7.4. Legal Consequences of Non-Compliance with Court Order and Disciplinary Imprisonment

Decisions on child delivery and personal relations cannot be enforced until they become final. However, finality is not required for the enforcement of temporary custody and personal relations decisions. If a court order is violated, i.e., if the party who does not deliver the child or obstructs personal relations, legal action can be initiated against them.

• Disciplinary Imprisonment: A spouse who does not deliver the child may be punished with disciplinary imprisonment for three to ten days under Child Protection Law Article 41/F-2. A person who fails to comply with or obstructs the execution of a judgment or interim injunction regarding child delivery may be sentenced to coercive imprisonment for up to six months under Enforcement and Bankruptcy Law Article 341. If the judgment is complied with after the imprisonment has begun, the person is released.
• Complaint Period: The offense of not delivering the child is a complaint-dependent offense. The aggrieved party must file a complaint within one month from the date the incident is learned.
• Risk of Custody Change: A parent who does not comply with the personal relation days determined by the court may also face the risk of losing custody.

The transfer of child delivery and personal relation enforcement processes to VSDs within the Ministry of Justice and the state covering the costs indicate that these processes are no longer seen as "debt collection" but as a social service focused on the "child's best interests." Moving away from the coercive atmosphere of enforcement offices and providing expert support represents a fundamental paradigm shift aimed at minimizing the traumatic effects on the child from these processes. The fact that law enforcement officers' power to use force is directed only at the obligor and that no force is used on the child is also part of this humane approach. This reform is a concrete manifestation of the Turkish legal system's effort to comply with international standards in child rights and to prioritize the child's psychological health. This regulation, which aims to reduce the traumatic effects created by the old enforcement system on children, reflects the awareness that justice is not only about making the "right" decision but also about "how" that decision is implemented.

Type of Violation	Applicable Sanction	Legal Basis	Complaint Period/Characteristics
Not delivering the child/obstructing personal relations	Disciplinary imprisonment for 3 to 10 days; coercive imprisonment for up to 6 months. Risk of custody change.	CCPA art. 41/F-2, EBL art. 341	Complaint-dependent. The aggrieved party must file a complaint within 1 month from learning the incident.
Not returning the child after the personal relation period	Disciplinary imprisonment for up to 3 months.	EBL art. 341 (by analogy)	Complaint-dependent. The aggrieved party must file a complaint within 1 month from learning the incident.

8. Conclusion

The right to establish personal relations with a child, guaranteed by the Turkish Civil Code and international conventions, is an inalienable and non-transferable right shaped by the principle of the child's best interests. This right encompasses a broad framework, including not only parents but also, under certain conditions, third parties such as grandparents, and even the child themselves. When making personal relation arrangements, courts meticulously evaluate many factors such as the child's age, health, education, the distance between the parties' residences, and the child's own opinion, striving to make the most appropriate decision for each concrete case. The fact that these arrangements are not static and need to be re-evaluated and adapted to changing circumstances demonstrates the importance the law places on the child's continuous and healthy development.

Recently, with Law No. 7343, the transfer of personal relation enforcement processes from enforcement offices to the Judicial Support and Victim Services Directorates and Child Visitation Centers, conducted with the assistance of experts and under state guarantee, has created a significant paradigm shift in this area. This reform aims to reduce the traumatic effects that may arise from enforcement processes on the child and to ensure the sustainability of family ties in a child-friendly environment. In cases of non-compliance with decisions, sanctions such as disciplinary imprisonment are foreseen, aiming to effectively protect the child's rights. This comprehensive legal framework offers a dynamic and protective structure that aims to sustain family ties and support the child's healthy development.