Topluluk
Shared Custody in Turkish Family Law: The Child’s Best Interests as the Guiding Principle
Under Turkish Law custody is regulated in Turkish Civil Code between the articles 335-351.Turkish Civil Law is detailed and prioritized child’s best interest due to the fact that children are recognized as a group that requires special protection due to the their specific needs,rights and super utilities. Like many legal systems around the world Turkish Civil Law affords special protection to children due to their vulnerability and specific needs.
In such as important and modern world issue as shared or joint custody, The Turkish Civil Code does not contain an explicit provision regulating shared custody after divorce. However in practice generally if there is a uncontested divorce proceedings under Turkish law shared custody has increasingly been accepted in judicial practice under certain circumstances.
These decisions emphasize that the determination of shared custody is up to some factors whether shared custody is actually appropriate. From the child’s perspective,courts examine the child’s right to be heard, child’s age and maturity. From the parents’ perspective, courts assess the ability of theirs to cooperation and communication effectively, their mutual parental agreement, their ability to make joint decisions about the child’s education,health and overall well-being. In addition to that courts also take into account expert assessments and social investigation reports.These reports and assessments constitute significant evidence in the court’s evaluation.
In cases of contested divorce Turkish Family Law generally does not recognized this approach due to the level of serious conflict between the parents.The prevailing assumption is if the parents have conflict about other marital issues can affect the cooperation and communication for the child so that becomes the against the child’s best interest rule. Children needs consistency and stable environment while they grow up so it is law’s responsibility to making regulations and decisions to provide that healthy environment to the child.
However if the disputed issues do not affect the child’s best welfare and parents remain capable of cooperating and communicating effectively,shared custody may be considered appropriate.They can reach an agreement on matters concerning the child’s upbringing,education,healthcare,future etc. As discussed above, effective cooperation and communication between the parents and best interest of the child are fundamental to shared custody decisions.
In such as important and modern world issue as shared or joint custody, The Turkish Civil Code does not contain an explicit provision regulating shared custody after divorce. However in practice generally if there is a uncontested divorce proceedings under Turkish law shared custody has increasingly been accepted in judicial practice under certain circumstances.
These decisions emphasize that the determination of shared custody is up to some factors whether shared custody is actually appropriate. From the child’s perspective,courts examine the child’s right to be heard, child’s age and maturity. From the parents’ perspective, courts assess the ability of theirs to cooperation and communication effectively, their mutual parental agreement, their ability to make joint decisions about the child’s education,health and overall well-being. In addition to that courts also take into account expert assessments and social investigation reports.These reports and assessments constitute significant evidence in the court’s evaluation.
In cases of contested divorce Turkish Family Law generally does not recognized this approach due to the level of serious conflict between the parents.The prevailing assumption is if the parents have conflict about other marital issues can affect the cooperation and communication for the child so that becomes the against the child’s best interest rule. Children needs consistency and stable environment while they grow up so it is law’s responsibility to making regulations and decisions to provide that healthy environment to the child.
However if the disputed issues do not affect the child’s best welfare and parents remain capable of cooperating and communicating effectively,shared custody may be considered appropriate.They can reach an agreement on matters concerning the child’s upbringing,education,healthcare,future etc. As discussed above, effective cooperation and communication between the parents and best interest of the child are fundamental to shared custody decisions.
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