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Abstract


CONDITIONS THAT REQUIRE REMOVAL OF PARENTAL CUSTODY

The concept of custody is arranged at the Sixth Section of the Second Chapter of the Second Book of the Turkish Civil Code. The concept of custody is a strictly bounded personal right and is used together by spouses as long as the marriage union continues. The focus in terms of the concept of custody is the benefit of the child. Custody gives parents the title of parent, some duties, and powers in terms of the child's personality, representation, and asset values. Turkish law has adopted the principle of not intervening in the right to custody as much as possible. The right of custody is also the result of the principle of respect for family life, regulated in article 41 of the 1982 Constitution and article 8 of the European Convention on Human Rights. The removal of custody is a measure that should be avoided if it is not forced to constitute a severe intervention in this right, since right of custody is guaranteed by both the constitution and the international convention. In other words, the judge should take other precautions that can be taken primarily for the protection of the child. Should these measures be inadequate or clearly understood that they will be inadequate, they should decide to remove custody. Conditions requiring removal of custody are stipulated in the Turkish Civil Code. With this study, the conditions that require custody removal are tried to be examined systematically.



Keywords
Turkish Civil Code, Custody, Removal of Parental Custody



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