Sample Response to Custody Case
Magistrate’s Law Court
file number.: E.
LIMITED NOMINATIONS:
lawyer:
prosecutor:
lawyer:
SUBJECT: Response to the case and presentation of evidence.
descriptions:
In the case file referred to above, the plaintiff claims that his client is mentally unstable due to his age and circumstances, is unable to conduct his personal affairs, is extremely open to being deceived, and wastes his assets for these reasons. Therefore, the plaintiff requests to be appointed as the guardian of his client. We do not accept the plaintiff’s request to be appointed as the client’s guardian as unfair, financially beneficial and malicious. The reason for this:
Contrary to the plaintiff’s claims, the client is mentally capable of leading an independent life, has no physical disabilities and therefore does not need protection or care. The plaintiff’s claims are contrary to the truth and are completely abstract. Because,
Sent to the Gendarmerie Command of the District of your court../../ 2022 in the article dated ”investigating whether there is a conflict of interest between the restricted candidate and the guardian candidate and whether there is a problem with the appointment of the guardian candidate as a guardian to the restricted candidate”… the District Gendarmerie Command conducted an investigation and . Dec../..in the report dated / 2022, it was determined that ”there is a conflict of interest between the restricted candidate and the guardian candidate, and it is Deceptive and inappropriate for the guardian candidate to be appointed as a guardian to the restricted candidate”.
Again, written by your court to the District Gendarmerie Command../../ the memorandum dated 2022 requested ”stating the reasons for determining that the plaintiff has a conflict of interest with his father, who is a restricted candidate, and that it is inconvenient for him to be appointed guardian, showing the sources of information, determining the nature of the conflict of interest and identifying the events leading to the conflict of interest …”. Organized as a result of the investigation conducted by the District Gendarmerie Command../../.in the minutes dated 2022 “……. And…
According to the information obtained from the above-mentioned persons, the dispute between the persons stems from a dispute between father and son over the division of inheritance, and it was understood that the plaintiff may have filed this lawsuit because the defendant under limited guardianship donated a plot of land belonging to him to the association. It has been determined that the defendant’s mental health is in place and he does not have any physical disabilities…
As it is clear from the investigations conducted by your court, there is a conflict of interest between the plaintiff and the defendant due to the dispute over the Decoupling of the inheritance. The plaintiff, taking advantage of the defendant’s absence abroad, has filed this lawsuit in order to legally and actually neutralize and freely save on the defendant’s movable and immovable property. In addition, it is well known that the plaintiff considers the defendant only as a source of financial interest and constantly tries to extort money from the defendant. The plaintiff’s intention is very far from being guardianship.
Although a letter has been sent to Elmalı State Hospital requesting a Health Board Report from your Honorable Court, we request that the Health Board Report to be prepared for our client be obtained from a fully equipped medical institution specialized in the subject in Antalya. The representative will arrive in Turkey in the coming days, and when the representative arrives, we request that the court refer the client to a fully equipped hospital specialized in the relevant field, which will be determined by the court. Given the plaintiff’s bad intentions and the interest he intends to obtain by filing this lawsuit, it would be more appropriate to obtain a report from a hospital in the province to which the plaintiff is affiliated, rather than from the hospital in the district where the plaintiff currently resides, in order to determine the material truth.
As a result, the client’s mental health is in excellent condition and he is able to manage his own affairs without needing any assistance for protection or care. The client is healthy enough to spend part of the year in Germany and part of the year in Turkey, and also has freedom of movement. The fact that he is undergoing certain medical treatments does not mean that his mental health has deteriorated. Furthermore, given the assets registered in the client’s name, the fact that he has donated only two of his properties does not lead to the conclusion that this will lead to the fall of him or his family into poverty. For these reasons, the lawsuit filed in bad faith, which is based on abstract allegations and has no legal basis, should be dismissed.
LEGAL BASIS:
The Turkish Civil Code, the Turkish Commercial Code, the Turkish Code of Civil Procedure and all other relevant legislation.
evidence:
Population Records,
Land Registry Records,
Bank Records,
Expert,
Health Board Report,
Witness,
An oath and all other kinds of legal evidence.
CONCLUSION: For the reasons described above and to be taken into account ex officio, our exemption requests and other legal rights are to be reserved;
We request that the Health Board Report to be issued be obtained from a fully-fledged hospital that has expertise in the subject, which is deemed appropriate by your court Jul.
Rejection of the unfounded and legally unfounded case,
It was decided that the trial costs and attorney fees should be left to the plaintiff.
Sincerely…/../..
Limited Candidate Representative
Lawyer