Abolition of custody in Turkish and Azerbaijani family law

The purpose of existence of the right to custody is to ensure the protection of the child. As a requirement of the best interests of the child, custody aims to make the child a free individual by removing the child from being a passive individual in need of parental care and compassion. There is no doubt that if the need for custody is not enforced, protection measures will come into play, as public intervention will come to the agenda. The measure of the removal of custody, which is the most severe measure, will be dominated when custody is not properly enforced and lighter protection measures are insufficient and remain in the interests of the child. The measure of the abolition of custody is a special protection measure that results in the child leaving the family, not the punishment of the parents, but the protection of the child`s interests. Parents` behavior that jeopardizes the child`s benefit, and courts in practice dominate the regulation, which is contrary to the benefit of children without doing the necessary research due to the work intensity, poses various problems in practice, putting the benefit of children irreparably. With our work, we aim to resolve the problems that arise in practice with the views to be presented by the child, by including the regulations in Turkish and Azerbaijani law.