The Main Thing in the Arrangement of Custody Is the Superior Benefit of the Child – The Decision of the Supreme Court
T.C
SUPREME
2. law office
THE MAIN NO.2016/17354
DECISION NO.2018/5391
THE DATE OF THE DECISION.24.04.2018
COURT : Family Court
TYPE OF CASE : Divorce
>>THE MAIN THING IN THE ARRANGEMENT OF CUSTODY IS THE SUPERIOR BENEFIT OF THE CHILD.
At the end of the trial between the parties, the verdict given by the local court, the date and number of which are shown above, was appealed by the defendant male, the documents were read and Decisively discussed and considered:
1-The articles in the file, the evidence on which the decision is based and the reasons in accordance with the law, and in particular 166/1 of the TMK of the case. although accepted in accordance with Article 166/3 of the decision. according to the understanding that the writing of the article is a material error, the defendant
the man’s objections to the appeal, which fall outside the scope of the following paragraph, are unwarranted.
2-By the court, the custody of the common children born in 2004 … and born in 2008 … has been left to the plaintiff mother. The main thing in the arrangement of custody is the superior benefit of the children. No. 4787 On the Establishment, Duties and Judicial Procedures of Family Courts
5 Of the Law. in accordance with the article, experts consisting of psychologists, pedagogues and social workers within the Family Court are asked for an examination and report by interviewing both parents and children, and; parties, shelter, income, according to their social and psychological state of children for the healthy development of situation are to investigate whether an obstacle to assume custody by the court, the rest of the children of age, cognitive, and other evidence by taking into consideration exchanged opinions with them, which is the parent of the children’s best interest to stay determined and a decision should be made about custody would be in when writing the missing terms in the terms and procedures for the establishment of review and investigation of custody and has required it is against the law to break it.
CONCLUSION: The appealed judgment is above 2. according to the reason shown in the subparagraph, there is no place to examine appeals against participation alimony for the reason shown in the paragraph, and the other parts of the appeal that are outside the scope of disruption are 1 above. it was unanimously decided to APPROVE it for the reason indicated in the paragraph, to return the appeal advance fee to the depositor upon request, with the way to correct the decision being open within 15 days from the notification of this decision. 24.04.2018
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