We know that being a parent brings certain rights. However, parents owe their own parents much more than the rights they receive.
One of the most important of these obligations, and one that causes the most problems in practice, is the obligation of custody.
Article 328 of the Turkish Civil Code explains the maintenance obligation of the mother and father and how long this obligation lasts as follows:
“The maintenance obligation of the mother and father continues until the child reaches the age of majority.
If the child continues their education after reaching the age of majority, the mother and father are obligated to care for the child to the extent that can be expected of them, according to the circumstances and conditions, until the end of the child’s education.”
The first paragraph of the law stipulates that the custody obligation of the parents continues until the child reaches the age of majority. According to Article 11 of the Civil Code, the age of majority begins at 18.
In addition to reaching the age of 18, it is accepted that a person may be considered an adult in certain circumstances before that age. A child who has reached the age of 15 may be considered an adult by the court with their own consent and the consent of their guardian.
Such a marriage also matures the individual:
“Marriage makes a person legally competent. (Civil Code, Article 11) Since the plaintiff claims to have been forced into marriage and wishes to end the marriage, it must be accepted that the plaintiff has the capacity to act as an adversary. However, while the evidence must be evaluated within this framework and a decision made accordingly, the plaintiff does not have the authority to file a lawsuit, and the dismissal of the case is incorrect.”
CASSATION COURT 2nd CIVIL CHAMBER Case No.: 1998/13557 Decision No.: 1998/830 Decision Date: 10.02.1999
The obligation to support parents ends when the child reaches the age of majority. There is no need to file a separate lawsuit to terminate alimony:
“The recipient of alimony calculated and determined in accordance with Article 148 of the Civil Code is the mother or father to whom custody has been transferred. (Y.2.HD’s decision dated 29.1.1993 and numbered 13267-582) The obligation of custody and alimony payments automatically ends when the child reaches the age of majority. (MK.11, 262, Y.2.HD’s decision dated 17.9.1985 and numbered 7799-7122), which is currently not one of the measures in force specified in Articles 161 and subsequent articles of the Civil Code and Article 148 of the Civil Code. Pursuant to the provision, there is no need to file a claim for relief under Article 164 of the Civil Code to terminate the alimony assigned, and there is no legal benefit either.” SUPREME COURT 2nd CIVIL CHAMBER Case Number: 2000/13611 Decision Number: 2000/14089 Decision Date: 13.11.2000
However, an exception has been made in the second paragraph of Article 328. According to this exception, even if the child is considered an adult, if they continue their education, the maintenance obligation of the mother and father is deemed to continue.
My maintenance obligation continues during my child’s education, but this is not unlimited, and the notice was not accepted.
“The maintenance obligation of the mother and father continues, as a rule, until the child reaches the age of majority.
If a child continues his or her education after reaching the age of majority, the mother and father are obligated to provide for the child to the extent that can be expected of them, according to the circumstances and conditions, until the end of the child’s education (TMK. m. 328). However, in this case, the obligation is contingent upon a lawsuit filed by the adult child themselves. COURT OF CASSATION 2nd CIVIL CHAMBER Case No.: 2013/10251 Decision No.: 2013/23928 Decision Date: 10/22/2013
The purpose of this article is to ensure that the education started by the child before reaching the age of majority can continue uninterrupted upon reaching the age of 18.
“According to the provision of Article 328/11 of the Civil Code No. 721, the maintenance obligation of the mother and father does not cease even if the child reaches the age of majority, and continues even if the child’s education continues. (328/1). Your child does not need to file a separate lawsuit under the provisions of Article 364 of the Civil Code. In this case, since the plaintiff’s father’s obligation to provide support continues until the child completes his/her education, the lawsuit should have been dismissed, and it was not considered correct for the court to issue a written ruling.” CASSATION COURT 3rd CIVIL CHAMBER Case No: 2010/22576 Decision No: 2011/1865 Decision Date: 15.02.2011
The aim is for the child to acquire a profession and, through this profession, become able to provide for themselves:
“A minor who is continuing their education and lacks the means to support themselves through their own labor and income may request alimony from their parents until they complete their education. However, it is reasonable that those obliged to pay maintenance should not fall into financial hardship.” COURT OF APPEALS 3rd CIVIL CHAMBER Case No: 2013/157 Decision No: 2013/1813 Decision Date: 07.02.2013
Parents must remain within the limits of what can reasonably be expected of them, depending on the circumstances and conditions:
“Alimony is a type of social assistance aimed at protecting family members from poverty and deprivation, and it is a duty mandated by moral and traditional rules. In the present case, although the plaintiff continues his education at an open university, he works for a minimum wage, and the defendant receives a pension. In this situation, it is not possible for the plaintiff to benefit from Article 328/2 of the Turkish Civil Code.” COURT OF APPEALS 3rd CIVIL CHAMBER Case No: 2012/17987 Decision No: 2012/22454 Decision Date: 01.11.2012
The Supreme Court has also accepted that taking courses and various additional classes is necessary to pass university entrance exams in our country. Accordingly, a child preparing for university has the right to receive alimony from his or her parents.
“The plaintiff is a minor child, and as of the date of the lawsuit, the joint child preparing for university is 1800 TL. He graduated from the Department of Public Administration at the Faculty of Economics and Administrative Sciences at Dumlupınar University, pays his tuition fees himself, and his needs are met by his mother, with whom he lives.”
In the specific case, the fact that the defendant father does not work and has no income or assets does not exempt him from the obligation to pay alimony, because it must be accepted that he has at least the minimum wage level of income; this situation (the father’s lack of income and assets) only affects the determination of the amount of alimony and does not require the complete dismissal of the case. The defendant is obliged to pay alimony in an amount that is fair and equitable. COURT OF CASSATION 3rd CIVIL CHAMBER Case No: 2010/3576 Decision No: 2010/4699 Decision Date: 22.03.2010
It has been accepted that the parent is obligated to pay alimony if the child is enrolled in an open education faculty, which is not mandatory.
When determining the duration of education, it is checked whether the child has acquired a profession. While graduating from some educational institutions directly grants the right to acquire a profession, others may require additional training such as internships after graduation. When determining the parents’ alimony obligation, it is considered whether the child has a profession based on the school from which they graduated.