2. Legal Department 2020/5946 E. , 2021/437 K.
“Text Of Jurisprudence”
COURT : Istanbul Regional Court of Justice 38. law office
TYPE OF CASE : Divorce
At the end of the procedure of the case between the parties, the decision given by the dec office of the district court of justice, the date and number shown above, was appealed by the defendant male, the documents were read and discussed as necessary and considered:
1-According to the articles in the file, the evidence on which the decision is based, the reasons in accordance with the law, and in particular, there is no inaccuracy in the discretion of the evidence, the defendant’s other appeals that fall outside the scope of the following paragraph are inappropriate.
2-In the custody arrangement; In case of conflict between the benefit of the parents and the child, it is necessary to recognize superiority in the best interests of the child. The benefit of the child is that the child can develop in the best way physically, mentally and morally, and social, economic and cultural conditions have been provided for the child to realize such development. In determining the superior benefit of the child in these matters; if the child had become an adult, in an event that concerns him, what decision he could make for his own benefit, the person in the decision-making authority for the child should also make a decision in the same direction; that is, the child’s hypothetical thinking will be based on it.
Custody is related to public order and the principle of personal investigation applies. Therefore, it is necessary to take into account even the developments that occurred during the trial.
Article 12 of the United Nations Convention on the Rights of the Child. article 3 and 6 of the European Convention on the Exercise of the Rights of the Child. its articles stipulate that children who are considered to have sufficient understanding by domestic law should be given the opportunity to express their opinions in cases involving them, and their opinions should be given the necessary importance. It is possible to make a decision contrary to their opinion if it requires the superior benefit of children. The issue of custody is at the very beginning of issues that concern children.
The file is examined, in the era of perception, they apparently by the court of common children and Huma Nedim informed choice about the question of custody of the evidence itself and should be evaluated and decided in accordance with the result all together, while the provision for the establishment of procedures and an incomplete review about a custody issue in writing and has required it is against the law to break it.
CONCLUSION : The above-mentioned provision of the appeal 2. for the reason described in paragraph 1 above, the other parts of the appeal that are outside the scope of the violation are subject to DETERIORATION. it was unanimously decided that the appeals for personal relationship and subsidiary alimony should be upheld for the reason shown in the paragraph, according to the reason and form of the violation, there is no room for review for now, the advance fee for the appeal should be returned to the depositor on request, the file should be sent to the relevant district court’s legal department. 20.01.2021 (Wed.)
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