Urgent proceedings in family cases

Urgent proceedings refer to a kind of judicial proceedings. The speed of proceedings, the fact that the merits of the case are not dealt with, and the elimination of procedure are special features of these proceedings. The result of this type of proceedings, manifested in the form of a preliminary injunction, is actually a type of precautionary measure to protect the rights of the plaintiff. Preliminary injunction in family claims is not fundamentally different from the one enshrined in the Civil Procedure Code and basically follows the same conditions. However, the existence of certain realities that require dealing with important and sensitive family issues has given a new feature to the institution of preliminary injunction in family claims. The lack of requirement to post bail or obtain the approval of the head of the judicial district, having a deadline and the possibility that the subject matter of the original lawsuit and the preliminary injunction be the same, are the special features of the institution of preliminary injunction in family cases. Article 7 of the Family Protection Code (2013) deals with preliminary injunction in the family court and contains noticeable changes compared to the previous regulations. Relying on a descriptive-analytical approach and a library method, the present article has examined the institution of urgent proceedings in family cases in the light of the changes made in the Family Protection Code ratified in 2013, and after delineating the historical background of the above institution in the family court, its special features and instances in family cases have been analyzed.