The joint custody problem in Turkish law

In this study, it is evaluated whether the custody right can be jointly used by the spouses after the termination of the common life in the context of the regulations in the Turkish Civil Code, the approach in the doctrine and the perspective in the judicial decisions. Within this scope, first of all, the legal nature and characteristics of the concept of custody were mentioned by referring the transformation of meaning and perception in custody concept within the framework of factors such as change of the social structure, conducting studies on equality between men and women and increasing the importance given to children's rights. In the course of this study, the regulations on custody rights in national and international legal texts were examined and it was discussed whether the wording of Article 336/3 of the Turkish Civil Code is clear, whether this provision is mandatory and appropriate. The question of the joint custody, which has long been discussed in doctrine has become a highly controversial topic with the adoption of Protocol No. 7 to the European Convention on Human Rights. Thus, the approach of the European Court of Human Rights' to joint custody has also been emphasized. This study examines the enforcement of foreign court judgments regarding custody issues. Besides, the enforcement of foreign court judgments in Turkey regarding joint custody was examined. In this regard, the procedures envisaged under International Private and Civil Procedure Law and international conventions have been stated, custody related issues have been emphasized. Keywords: Custody, Joint Custody, The Best Interests of the Child, Public Policy, Recognition, Enforcement.