Delivery of the child according to child protection law no. 5395

As stated in Article 41 of the Constitution, the family institution forms the foundation of Turkish society. Therefore, the state is obligated to implement certain regulations for the protection of the family, especially mothers and children. In modern legal systems, the right to take custody of children (i.e., the right to take custody of children themselves) is very limited. Therefore, the protection of children, a cornerstone of the family, and their delivery are handled through the state. Family courts, in divorce and separation cases, decide who has custody of children in common and the timeframe within which the non-custodial party may establish personal contact with the child. The procedure for returning a child when one or both parties fail to comply with the order is regulated in detail in Article 41/A and the following sections of Child Protection Law No. 5395. This regulation entered into force with Law No. 7343 on the Amendment of the Enforcement and Bankruptcy Law and Certain Laws, published in the Official Gazette No. 31675 dated November 30, 2021. Prior to the aforementioned amendment, regulations addressing this issue were found in Articles 25, 25/a, 25/b, and 341 of the Enforcement and Bankruptcy Law No. 2004. However, the regulations in the Enforcement and Bankruptcy Law No. 2004. However, the regulations in the Enforcement and Bankruptcy Law were criticized for failing to protect the child's best interests and devaluing him/ her. As a result of this criticism, the legislature introduced new provisions regulating the establishment of personal contact with the child and the return of the child. While child return was handled through the Enforcement Directorate before the amendment, it is now under the jurisdiction of the Legal Support and Victim Services Directorate. The purpose of this study is to examine the content and procedure of the new regulation regarding child surrender under the Child Protection Law. Furthermore, the new regulation will be examined to determine whether the legislative intent has been achieved and whether the expected benefits have been met.