Özet:

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.

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