EVALUATING THE EFFECT OF FAMILY COURT EXPERTS ON MEDIATION FOR THE CONTINUATION OF MARRIAGE

Abstract

Author(s): T羹lin ZENG?N

Divorce rates are rapidly increasing in Turkey, in parallel with the increase divorce rate in the World. In this context, pre-divorce preventive services gain more importance. “Law No. 4787” on about the establishment, duty and trial procedures of Family Courts entered into force in January 2003. In Turkey, psychologists, pedagogues and social workers are being assigned to the Family Court experts at the Ministry of Justice. In the related law, under the title of ‘Preventive, Educational and Social Measures’ are clearly stated, as the issues that outlined within the tasks of the Family Court Experts. Accordingly, it can be said that the experts; ‘By warning the spouses about their obligations arising from the marriage union, they may decide to compromise when it is necessary ’. When we try to evaluate in details, the family has a social quality that can make different readings on the contexts and reproduce the interpretations. The arguments required in courts for the evaluation of the multi-dimensional questioning of the family and marriage institution in terms of children, women and men were questioned in this research. However, the question of whether the institution of marriage should be continued, has been ignored. The functioning policies of the state, which cannot be explained by the ties of the family and the relations between individuals, and the necessity of inclusion in the questioning of these institutions were also investigated.

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