1. admin

    Is a welfare report prepared by an independent professional or is the decision taken by the Judge alone? If so, does the child meet the Judge?

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    Comment
    It depends on the individual case. According to the Code of Civil Procedure, the Court can call for a report on the subject of a child’s welfare which requires special or technical knowledge. Therefore, the Court mostly consults the report, but the Judge has the discretion in the final decision....
  2. admin

    Are unmarried parents treated in the same way as married parents when the court makes orders on separation or divorce?

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    Comment
    In both situations, one of the parents has the right of custody. Their obligations and rights according the custody are the same. For unmarried parents, if paternity is established between a father and a child, the father will have the same rights and obligations as a divorced father. Both of...
  3. admin

    Is there a presumption of an equal division of time between separating or divorcing parents?

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    Comment
    No, there is no presumption of an equal division of time. The court makes orders depending on the financial situations, work, lifestyle, locations of the parents make visitation orders with parents. Sole custody is accepted under Turkish Law and the non-custodial parent’s visitation terms/times will be decided by the Court.
  4. admin

    What factors does the court consider when making orders in relation to children?

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    Comment
    Every case is considered individually before the Turkish Courts. The most essential consideration is what will be of benefit to the child. The age, gender, activities, psychology, health development, and whether the child has a chronic illness or is afflicted by a condition are considered. The legislator has established the...
  5. admin

    What orders can the court make in relation to children? Does the court automatically make orders in relation to child arrangements in the event of divorce?

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    Comment
    According to Turkish Law, family law and, in particular, arrangements relating to children is strictly related to the public order. For this reason, even if spouses have not requested that the Court make orders about their child, the Court on its own motivation makes orders in relation to child arrangements...
Mert-Yalcin

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