TO CONTACT US NOW: 0 541 485 92 48
In divorce cases, child neglect can be considered one of the legitimate reasons for divorce. Parents’ responsibilities towards their children are of great importance in terms of protecting children’s rights during the divorce process. In this article, we will examine in detail the place of child neglect among the legitimate reasons for divorce, parental responsibilities and children’s rights.
1. Definition and Types of Child Neglect
Child neglect is the situation where parents do not meet the basic needs of their children or do not support the healthy development of children. Neglect can occur in both physical and emotional dimensions.
1.1. Physical Neglect
Physical neglect means that the child’s basic physical needs are not met. This type of neglect can include the following:
Nutrition: The child is not provided with adequate and balanced nutrition.
Housing and Health: The child’s personal hygiene is not maintained or health problems are ignored.
Housing: The child does not live in a safe and healthy environment.
1.2. Emotional Neglect
Emotional neglect means that the child’s psychological and emotional needs are ignored. Examples of emotional neglect are as follows:
Lack of Love and Care: Not showing enough love and attention to the child.
Lack of Support: Not meeting the child’s need for emotional and psychological support.
Degradation and Insult: Insulting or emotionally harming the child.
2. Evaluation of Child Neglect as a Justified Ground for Divorce
The acceptance of child neglect as a justified ground for divorce is addressed within the framework of the articles of the Turkish Civil Code that evaluate grounds for divorce.
2.1. Place of Child Neglect in the Turkish Civil Code
Article 161 of the Turkish Civil Code stipulates that spouses may file for divorce due to “grave fault”. The situations in which child neglect may be evaluated within the scope of grave fault are as follows:
Child Being at Risk in Terms of Health and Safety: Endangering the child’s health or safety may be considered as grave fault.
Parents’ Failure to Fulfill Their Responsibilities: Failure of parents to fulfill their responsibilities towards their children constitutes a justified ground for divorce.
2.2. Proving Child Neglect in Divorce
Proving child neglect in a divorce case requires gathering evidence and presenting it to the court. The proving process may include:
Eyewitness and Social Service Reports: Social service reports and witness statements indicating that the child was neglected.
Medical Reports: Medical reports regarding the child’s health condition.
