Abstract:

While living in a period where children’s rights are focused in the world and in our country, the increase in divorces in our country (TÜIK, 2018) has begun to raise great awareness about the status of child care in the public. This consciousness raised the need for the custody to be studied not only in the legal dimension, but also in the pedagogical dimension. In Article 337, 340 and 342 of the Turkish Civil Law No. 4721 of the legal dimension, guardianship is defined as the rights and duties of non-adults (18 years of age) and the guardianship, education, teaching and protection of adult children restricted by the judge; on the other hand, the pedagogical dimension is defined as Article 3 of the United Nations Convention on the Rights of the Child and Protocol No. 7 of the European Convention on Human Rights. It is referred to in the article. In the contract, in the case of guardianship, the state must take care of the high benefit of the child. This agreement has become a part used in our domestic law in accordance with Article 90(5) of the Turkish Constitution. However, there is no exactly illustrative content regarding the "high benefit of the child". If necessary, the appropriate solution for the child is expected to be decided by the judge. In the summer of the field, the judgment’s decisions on the high benefit of the child were taken in the past in the necessary circumstances as well as the principles for the benefit of the child were compiled in the form of subtitles. These subtitles are classified by the observation of the child’s age, vision, physical, cognitive, social and moral development as well as the interaction of the child with the mother and father in the accompaniment of a specialist. The care problems arising during divorce should be considered on the problems that appear and are expected to appear in the divorce process in children in order to influence the possible social and emotional development of children. In this context, as Yörükoğlu (2004) also pointed out, divorce affects children in all directions, in this process sometimes children’s emotions can be neglected by parents and in this case children may feel emotionally invaluable and insufficient. Depending on their feelings of invaluation, a number of behavioral abnormalities can be observed that negatively affect the social and emotional development of children and prevent their education in this field. Based on the principles developed and classified by Cham (2017) and Özer Taşkın (2006) used to determine the high benefit of the child, the study discussed the social emotional development and education of their children under the care problems of divorced mothers and fathers. In the end, it was suggested how legal and pedagogically children should be protected from this development.

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