Conclusion of law of divorce in respect to children in frame of Turkish Law and international conventions

Divorce is a phenomenon having adverse effects on spouses as well as on children in various manners. Because, family-union being considered the ideal ambient for children is corrupted due to divorce. It is inevitable for this situation to create some negative psychological effects on children. Divorce demonstrates another affect on children by means of the conclusion of law it resulted in.Spouses jointly possess guardianship of their children within the marriage union. Therefore, they have equal rights and they burden equal responsibilities on the matters of caring, protecting and training children. As the result of divorce instead, personal and financial relations of father and mother with children are regulated by means of the court order. Hence, such issues that would be rearranged reveal the judicial consequences of divorce in respect to children. Such consequences essentially would be to cease guardianship of children, to establish personal connections with children and maintenance (sharing) alimony.Recently enacted international legal arrangements concerning children rights seem to remove child from being object of human rights and rather put in the position of the proper subject matter of rights. The most significant among such arrangements to which our country is a party to, United Nations Children?s Right Convention takes the principle ?high benefit of child? as an essential thus supporting aforesaid allegation.As the result of modification applied to the last paragraph of article 90 of Constitution in 2004, it is agreed that the provisions of international conventions shall be dominant, if international conventions related to essential rights and freedoms and the laws should contain provisions conflicting with each other. Therefore, it is inevitable to review international legal arrangements conveyed into our internal legislation beside national resources in respect to children. Since divorce is topic closely concerning the rights of child, the consequences of divorce concerning the child should be assessed both in national and international dimensions.Key Words: Divorce, Child, Guardianship, Personal Connection, Maintenance (Sharing) Alimony.