SOME PRINCIPLES THAT THE JUDGE MAY CONSIDER IN DECISIONS ON JOİNT CUSTODY ACCORDING TO COMPARATIVE LAW AND THEIR APPLICABILITY IN TURKISH LAW

In our Civil Code, the benefits of the child are taken as\ra basis while making regulations on custody. Despite this, according\rto the article 336/1 of the Turkish Civil Code, custody is used together\rand equally by the mother and the father only while the marital union\rcontinues. In cases where the marriage union ends or in extramarital\rrelationships, there is no clear regulation regarding joint custody.\rTherefore, the issue of the applicability of joint custody has been on\rthe agenda in our country for many years. As of 2016, it is seen that\rthe Supreme Court has started to make positive decisions regarding\rjoint custody. The legal basis of the decisions is the 5th article of the\rAdditional Protocol No. 7 to the ECHR. Because the article in question\rcontains the provision that the spouses have equal rights over\rtheir children after the marriage union ends. According to art. 90/5\rof the Constitution considering that the international conventions to\rwhich we are a party are accepted by law, it becomes possible to\rmake a joint custody decision according to the aforementioned provisions\rof the Convention.\rWhile the number of decisions regarding joint custody is increasing\rday by day, it is not clear whether joint custody will be applied\ras a rule or exception in our country, and which principles will\rbe taken into account in the decisions to be made accordingly. In\rour study, solutions are sought for these problems that cause controversy