The enforcement of orders and precautionary decisions regarding child custody and establishing a personal relationship with the child

In modern legal systems, it is accepted that legal protection will be carried out by the state. If court decisions are not voluntarily complied with by the parties, the state will enforce this court decision using its coercive execution authority. The execution of court decisions regarding child custody and establishing personal relationships with the child was carried out through enforcement authorities in the Enforcement and Bankruptcy Law system. During the execution of court decisions, the enforcement officer and law enforcement would go to the child's home to carry out these procedures. These practices, which both negatively affected the child's psychology and development and involved the transfer of the child like movable property, were often criticized. With the amendment made by Law No. 7343, an end was put to this practice, and the relevant provisions of the Enforcement and Bankruptcy Law were repealed. The new regulation on the procedure for the enforcement of court decisions regarding child custody and establishing personal relationships with the child is addressed in accordance with Articles 41/A and subsequent articles of the Child Protection Law. Now, these court decisions will be enforced in child delivery centers by the Directorate of Legal Aid and Victim Services, which is affiliated with the Ministry of Justice. With this regulation, it is aimed to better safeguard the best interests of the child. In our study, the issue of enforcing court decisions regarding child custody and establishing personal relationships with the child will be attempted to be discussed in the light of the new regulations.