T.R.
SUPREME COURT
- LAW OFFICE
BASIS NO:2015/11374
DECISION NO: 2015/12897
DECISION DATE: 17.06.2015
(4721 p. MK m. 182, 339)
ABSTRACT: As a natural consequence of the spouse who has the right of custody, taking the common child abroad as a natural consequence of the use of the right of custody is not dependent on the consent of the divorced spouse.
The judgment rendered by the local court at the end of the proceedings of the case between the parties was appealed by the defendant in terms of not seeking paternity leave during his trips abroad, the document was read and the necessary was discussed:
As a natural consequence of the spouse who has the right of custody, the removal of the joint child abroad as a natural consequence of the use of the right of custody is not dependent on the consent of the divorced spouse, and the custody of the child is in the mother and there is no document stating that the authorities of the country to which the child will be taken without the “consent” of the father have not been presented, and the request was rejected. While a decision should have been made, the establishment of the provision in writing was not considered correct.
CONCLUSION: It was unanimously decided on 17.06.2015 that the appealed judgment be overturned due to the above-mentioned reason, that the appeal fee be returned to the depositor upon request, with the possibility of rectification within 15 days from the notification of this decision.