Under Turkish Family Law, the main consideration relevant to issues relating to children is the interest of the children. The court takes the into account the current economical and psychological situation of the mother or father when dealing with applications in order not to endanger the safety and welfare of the children. According to the provisions related to parent’s relationship with the children of the Turkish Civil Code, both parents shall have the right to perform their parenthood obligations and spend time with the children even if they do not have their custody. As also stated in binding judicial precedents of Court of Appeals for the 2nd Circuit, family court considers the psychological improvement and future interest of the children and determines the frequency of personal relationship. During the divorce process, court’s decision about personal relationship shall partake of precaution and the courts gives final decision on personal relationship establishment at the end of the jurisdiction in order not to prevent parties’ right to spend time with their children. Parties shall have the right to object court’s decision relating to personal relationship establishment.
How are issues relating to children dealt with upon divorce in Turkey and what factors do the court take into account when dealing with applications?
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