The 2nd Civil Chamber of the Court of Cassation has issued a notable ruling in a case concerning the visitation periods of a grandmother and grandfather who sought to establish a personal relationship with their grandchildren in Eskişehir. The Chamber found the periods determined by the local court to be insufficient and ruled that the grandmother and grandfather should be allowed to have overnight visits with their grandchildren.
According to the case file, the grandmother and grandfather filed a lawsuit against their former daughter-in-law at the Eskişehir 8th Family Court to be able to see their grandchild, born in 2017. The court had ruled that visits were to be limited to the first weekend of every month on Saturdays and Sundays between 10:00 and 17:30, on the second day of religious holidays during the same hours, and during the last weekend of the semester break, limited to daytime hours.
Both parties appealed the decision. The 1st Civil Chamber of the Ankara Regional Court of Justice rejected the appeals on their merits and upheld the local court's decision. Following this, the grandmother and grandfather filed an appeal on the grounds that the visitation time was insufficient, while the mother appealed the entire decision.
Upon reviewing the appeal, the 2nd Civil Chamber of the Court of Cassation rejected the mother's objections but found the grandmother and grandfather's objections regarding the visitation periods to be justified. The ruling emphasized that the determined periods were not sufficient for the establishment of love and communication between the grandparents and the grandchild.
The personal relationship to be established between the plaintiffs and the grandchild will allow the plaintiffs to experience the love of a grandchild and satisfy their longing, and will ensure that the minor grows and develops in an environment of love, while also strengthening kinship ties.
Taking into account the best interests of the child, the Chamber ruled that the personal relationship should be established for longer periods and include overnight stays. Accordingly, the grandmother and grandfather will be able to have overnight visits with their grandchild from 10:00 on the first Saturday of every month until 17:30 on Sunday.
According to the ruling, visits may take place on the second day of religious holidays and on the Saturday of the last week of the semester break between 10:00 and 17:30. The child will also be able to stay with the grandmother and grandfather every year from 10:00 on August 1st until 17:30 on August 7th. The Court of Cassation unanimously upheld the local court's decision by correcting it without the need for a retrial.
News Source: 12punto
