YARGITAY KARARLARI ÇERÇEVESİNDE VELAYETİN KULLANILMASI KENDİSİNE BIRAKILMAYAN TARAFIN ÇOCUĞU ZİYARET HAKKI
In practice, The Supreme Court takes the factors in consideration such as child’s age, school period, child’s health, the parties working conditions, place of settlement, annual leaves, health of parents who wants to have relation with the child, social enviroment, and remoteness of settlement place...
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| Format: | Article |
| Language: | deu |
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Inonu University
2018-12-01
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| Series: | İnönü Üniversitesi Hukuk Fakültesi Dergisi |
| Subjects: | |
| Online Access: | https://dergipark.org.tr/tr/download/article-file/573715 |
| _version_ | 1797913398040592384 |
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| author | Fulya ERLÜLE |
| author_facet | Fulya ERLÜLE |
| author_sort | Fulya ERLÜLE |
| collection | DOAJ |
| description | In practice, The Supreme Court takes the factors in consideration such as child’s age, school period, child’s health, the parties working conditions, place of settlement, annual leaves, health of parents who wants to have relation with the child, social enviroment, and remoteness of settlement places etc. in order to determine the content of right of custody. The distance between parties’ residences is also taken into account by the Supreme Court.
One of the major problem after divorcement is the right of visiting a child to the party who has not been given custody. According to TUIK’s 2016 data, 109,978 children has been affected from divorce decision and % 28 of the divorcees got at least one child’s custody. Research related to the effect of divorcement on child’s psychology has shown that the most destructive effect of divorcement to the child’s psychology is, the termination of the personal relation with one of the parent. Accordingly, the relation between the child and the party who has not been given custody shall be regulated according to the best interest of a child.
Restricted time for the relation with the child or spread of time to large period is considered as not suitable for personal relations. Accordingly, Constitutional Court’s personal application 07.05.2015 dated decision held that, narrow visiting time and restriction of personal relation is deemed to be an intervention to applicant’s family life and is contrary to Art.20 of the Constitution. |
| first_indexed | 2024-04-10T12:11:26Z |
| format | Article |
| id | doaj.art-72ed9dfc473746b8874dfe82b276f0b7 |
| institution | Directory Open Access Journal |
| issn | 2146-1082 2667-5714 |
| language | deu |
| last_indexed | 2024-04-10T12:11:26Z |
| publishDate | 2018-12-01 |
| publisher | Inonu University |
| record_format | Article |
| series | İnönü Üniversitesi Hukuk Fakültesi Dergisi |
| spelling | doaj.art-72ed9dfc473746b8874dfe82b276f0b72023-02-15T16:15:58ZdeuInonu Universityİnönü Üniversitesi Hukuk Fakültesi Dergisi2146-10822667-57142018-12-0192259284https://doi.org/10.21492/inuhfd.468697YARGITAY KARARLARI ÇERÇEVESİNDE VELAYETİN KULLANILMASI KENDİSİNE BIRAKILMAYAN TARAFIN ÇOCUĞU ZİYARET HAKKIFulya ERLÜLE https://orcid.org/0000-0002-5683-6523In practice, The Supreme Court takes the factors in consideration such as child’s age, school period, child’s health, the parties working conditions, place of settlement, annual leaves, health of parents who wants to have relation with the child, social enviroment, and remoteness of settlement places etc. in order to determine the content of right of custody. The distance between parties’ residences is also taken into account by the Supreme Court. One of the major problem after divorcement is the right of visiting a child to the party who has not been given custody. According to TUIK’s 2016 data, 109,978 children has been affected from divorce decision and % 28 of the divorcees got at least one child’s custody. Research related to the effect of divorcement on child’s psychology has shown that the most destructive effect of divorcement to the child’s psychology is, the termination of the personal relation with one of the parent. Accordingly, the relation between the child and the party who has not been given custody shall be regulated according to the best interest of a child. Restricted time for the relation with the child or spread of time to large period is considered as not suitable for personal relations. Accordingly, Constitutional Court’s personal application 07.05.2015 dated decision held that, narrow visiting time and restriction of personal relation is deemed to be an intervention to applicant’s family life and is contrary to Art.20 of the Constitution.https://dergipark.org.tr/tr/download/article-file/573715divorcementright of custodythe right of visitingthe right of respect to the family lifeestablishing a personal relation with the childthe best interest of a child |
| spellingShingle | Fulya ERLÜLE YARGITAY KARARLARI ÇERÇEVESİNDE VELAYETİN KULLANILMASI KENDİSİNE BIRAKILMAYAN TARAFIN ÇOCUĞU ZİYARET HAKKI İnönü Üniversitesi Hukuk Fakültesi Dergisi divorcement right of custody the right of visiting the right of respect to the family life establishing a personal relation with the child the best interest of a child |
| title | YARGITAY KARARLARI ÇERÇEVESİNDE VELAYETİN KULLANILMASI KENDİSİNE BIRAKILMAYAN TARAFIN ÇOCUĞU ZİYARET HAKKI |
| title_full | YARGITAY KARARLARI ÇERÇEVESİNDE VELAYETİN KULLANILMASI KENDİSİNE BIRAKILMAYAN TARAFIN ÇOCUĞU ZİYARET HAKKI |
| title_fullStr | YARGITAY KARARLARI ÇERÇEVESİNDE VELAYETİN KULLANILMASI KENDİSİNE BIRAKILMAYAN TARAFIN ÇOCUĞU ZİYARET HAKKI |
| title_full_unstemmed | YARGITAY KARARLARI ÇERÇEVESİNDE VELAYETİN KULLANILMASI KENDİSİNE BIRAKILMAYAN TARAFIN ÇOCUĞU ZİYARET HAKKI |
| title_short | YARGITAY KARARLARI ÇERÇEVESİNDE VELAYETİN KULLANILMASI KENDİSİNE BIRAKILMAYAN TARAFIN ÇOCUĞU ZİYARET HAKKI |
| title_sort | yargitay kararlari cercevesinde velayetin kullanilmasi kendisine birakilmayan tarafin cocugu ziyaret hakki |
| topic | divorcement right of custody the right of visiting the right of respect to the family life establishing a personal relation with the child the best interest of a child |
| url | https://dergipark.org.tr/tr/download/article-file/573715 |
| work_keys_str_mv | AT fulyaerlule yargitaykararlaricercevesindevelayetinkullanilmasikendisinebirakilmayantarafincocuguziyarethakki |