The Primary Consideration In Custody Arrangements Is The Best Interests Of The Child Supreme Court Decision
T.C.
COURT OF CASSATION
2nd CIVIL CHAMBER
CASE NO. 2016/17354
DECISION NO. 2018/5391
DATE OF DECISION: 24.04.2018
COURT: Family Court
CASE TYPE: Divorce
>>THE REGULATION OF CUSTODY IS BASED ON THE BEST INTERESTS OF THE CHILD.
After reviewing the case between the parties and considering the judgment issued by the local court on the date and number indicated above, which was appealed by the defendant, the documents were read and the necessary deliberations were made:
1-Based on the documents in the file, the evidence on which the decision is based, the reasons in accordance with the law, and in particular, the fact that the case was accepted in accordance with Article 166/1 of the Turkish Civil Code, it is understood that the inclusion of Article 166/3 in the decision constitutes a material error. Therefore, the defendant’s
appeal objections, except for those covered by the following clause, are unfounded.
2-The court has awarded custody of the children born in 2004 and 2008 to the plaintiff mother. The primary consideration in determining custody is the best interests of the children. Pursuant to Article 5 of Law No. 4787 on the Establishment, Duties, and Judicial Procedures of Family Courts
requires that the Family Court request an investigation and report from experts consisting of a psychologist, pedagogue, and social worker within the Family Court, by interviewing both parents and the children; that an investigation be conducted to determine whether there are any circumstances preventing either parent from assuming custody for the healthy development of the children, based on the parties’ housing, income, social, and psychological situations; The court must hear the children of discerning age, obtain their opinions, and consider other evidence to determine which parent’s custody would be in the children’s best interests and render a decision on custody. However, rendering a written judgment on custody based on incomplete investigation and inquiry is contrary to procedure and law and requires reversal.
CONCLUSION: The appealed judgment is REVERSED for the reason stated in paragraph 2 above. Considering the reason for reversal, there is no need to examine the appeals regarding spousal support at this time. The other parts of the appeal not covered by the reversal are AFFIRMED for the reason stated in paragraph 1 above. The advance appeal fee shall be refunded to the payer upon request. This decision was unanimously adopted, with the right to appeal within 15 days of its notification. 24.04.2018