Interim Support and Provisional Custody in Divorce Actions

Under TMK m.169, when a divorce or separation action is filed, the judge takes ex officio the provisional measures necessary during the proceedings — in particular concerning the spouses' housing, livelihood, administration of their property, and the maintenance and protection of the children. Support awarded in this context is called interim support (tedbir nafakası).

Interim support may be ordered by the judge ex officio, even without a request. The amount is determined having regard to the parties' economic and social circumstances; it accrues from the filing date and continues until the judgment becomes final.

Provisional custody during the proceedings is also regulated by the judge through interim measures. Again the best interest of the child is paramount; maintaining the child's current living conditions, school and social environment is a primary criterion.

Days and hours of personal relationship are set for the non-custodial spouse. In practice, weekends, certain days of religious holidays and part of the summer holiday are arranged as personal-relationship periods.

Where there is domestic violence or a threat thereof, Law No. 6284 on the Protection of the Family and Prevention of Violence against Women applies. Protective measures — such as providing shelter, interim financial aid, counselling and guidance services, temporary protection in life-threatening cases, and access to childcare — may be ordered by the civil administrative authority (Law No. 6284 m.3). The judge may order protective measures such as change of workplace, establishing a separate residence from the common one, annotation of the dwelling as the family home in the land registry, and — in case of life-threatening danger — change of identity under the Witness Protection Act (Law No. 5726) (Law No. 6284 m.4). Preventive measures concerning the perpetrator, such as restraining orders, prohibitions on contact and on entry to the dwelling, and the surrender of weapons to the security forces, are also within the judge's authority (Law No. 6284 m.5).

In urgent cases, the police chief's power under m.5/2 is limited to measures in m.5/1(a), (b), (c) and (d): preventing threats and degrading conduct, removal from the home and staying away from the persons or places specified. The prohibition on harassment by communication under (f) is outside that power. Papers must reach the judge by the next working day; a measure not approved within 24 hours lapses. A judge may order coercive imprisonment for breach under m.13.

In family-law matters, the legal assessment is made by taking into account the fault of the parties, the best interest of the children, their economic circumstances, and the lawfulness of the evidence. Message records, witness statements, bank transactions, medical reports and police reports become effective only when submitted in proper form.

Claims for divorce, support, custody, compensation and division of matrimonial property may produce independent outcomes. The petition must therefore clearly set out which claim is based on which facts and which evidence.

In disputes concerning children, the court takes into account the child's physical, emotional, educational and social needs rather than the parties' assertions. Social-investigation reports, school arrangements, health condition and the parents' communication style play an important role in the court's assessment.