Supreme Court of Turkey
Legal Department Article No: 2016/5008
Decision No: 2016/7757
Decision Date: 12.05.2016
COURT: Criminal Court of First Instance
The petition states that the minor daughter under custody has her own surname… and requests that this surname be changed.
The court decided to accept the case, the defendant was sentenced… and an appeal was filed against the decision.
After determining that the appeal was filed within the time limit, all documents in the file must be read and
considered:
The plaintiff… in the petition, stated that the name of the daughter, whose custody was granted to her due to divorce, was… with her own surname…
and requested that this surname be changed, and the court accepted the case.
As a result of the divorce, the mother retained custody of the child under her own surname, and
a request was made to change this surname. The custody provisions of the Turkish Civil Code,
the applicable provisions, and the case law of the General Assembly (HGK dated 18.11.2015)
and Article 4 of Law No. 4 on the Establishment, Duties, and Procedures of Family Courts.
It was determined that it was incorrect for the case to be evaluated and decided in the Criminal Court of Peace,
rather than being evaluated and decided in the Family Court.
As of now, it is invalid to issue a written decision without taking into account the principles explained above;
as appeals have been made for these reasons and other aspects of the acceptance are currently being examined.
Your decision is HUMK. 428. It was issued in accordance with the article on the day the decision taken unanimously on 12.05.2016 was overturned.