ENFORCEMENT OF CUSTODY AND CONTACT ORDERS: OPINIONS ON THE NEW PROVISIONS OF THE CHILD PROTECTION CODE

Abstract

The enforcement of custody and contact orders has been completely amended with Code No. 7343 of 24.11.2021. The provisions of the Enforcement and Bankruptcy Code on the subject have been repealed, and new provisions have been added to the Child Protection Code. Custody and contact orders will be enforced by the legal support and victim services directorates under the Ministry of Justice, entirely through experts. The method of taking the child from the house where they were present was abandoned; instead, handing over places are to be determined. The use of police force was abolished during contact enforcement, yet it was preserved in the enforcement of custody orders. Complaints shall be directed to the family court against the proceedings. All expenses except the attorney’s fee will be covered from the budget of the Ministry of Justice. Although the new provisions are promising, the author has doubts whether this system can fully protect the child’s best interest.