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Making a Decision in a Custody Case

The judge acts in accordance with the principle of the best interests of the child when deciding whether to leave the child to the mother or father. For this purpose, the judge may obtain the opinion of the experts within the court pursuant to the provision of Article 5 of the Law on the Establishment, Duties and Proceedings of Family Courts No. 4787, and the parties may present an expert opinion to the court within the scope of Article 293 of the Code of Civil Procedure. Depending on the nature of the file, it may be necessary to obtain opinions from experts from different disciplines such as psychiatrists, psychologists, pedagogues, social workers and forensic medicine specialists.

It is possible to list the main factors taken into account in the evaluations made by the experts and submitted to the discretion of the court, as follows.
The age of the child, the past behavior of the parties towards the child, the parties having the appropriate characteristics in terms of caring for the child, the protection of the environment that the child is used to, the separation of siblings, if any, the provision of a good family environment for the child, the personal relationship of the child with the other party, the child’s opinion One of these factors, according to the characteristics of the files. may be in the decisive position, it may also be necessary to evaluate many factors together. Meeting the experts with the child in person contributes to the understanding of the child’s social and psychological state. In children who are not at the cognitive age, experts can have an idea about children by methods such as play therapy and drawing pictures. In addition, if the child’s body language is read well, it is a very important research to go to school and talk to the environment if it is necessary to meet with his family.

Law No. 6284 Provisions Regarding Custody

ARTICLE 5 – (1) One or more of the following preventive measures, or similar measures deemed appropriate, may be decided by the judge regarding perpetrators of violence: its complete abolition. d) If deemed necessary, the protected person does not approach his relatives, witnesses and children, even if he has not been subjected to violence, without prejudice to the circumstances regarding establishing personal relations.
In practice, in cases where the child is faced with severe violence, due to the slow functioning of the courts, minors are irreparably injured, both materially and morally. Therefore, applying Article 5 of Law No. 6284 as a separate lawsuit and a separate request will help to take a decision very quickly.

Stj. Av. Elif Nur Akyol

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