T.C.

THE SUPREME COURT

2.law office

BASE NO:11374/2015

DECISION NO:2015/12897

DATE OF DECISION: 17.06.2015

(4721 pp. MK m. 182, 339)

ABSTRACT: The right of custody does not depend on the consent of the divorced spouse to take the common child abroad as a natural result of the use of the right of custody of the spouse who has it.

At the end of the trial between the parties, the verdict given by the local court was appealed by the defendant for not seeking paternity leave on his trips abroad, but the documents were read and discussed decisively:

The use of custody as a natural consequence of his wife’s custody rights, child abroad to have divorced his wife to the public, as there isn’t attached muvafakatine the custody of the mother and the father of a child “no” of the authorities of the country where the child will be taken without an “entry visa” since you didn’t have been presented a document on the request, a denial of the decision should be made when the facility has been seen in written form towards the provision.

CONCLUSION: It was unanimously decided on 17.06.2015 that the appealed decision should be overturned for the reason shown above, and the advance fee of the appeal should be returned to the depositor on request, within 15 days from the notification of this decision, the way to correct the decision will be open.

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