Content of guardianship and intervention judge

Guardianship is a legal constitution which means the whole.rights of the parents given to them to fulfiil their responsibilities on not only children and in some cases adolencences but also the goods of the both, to care and protect them.Law system, by regulating parents-child relation to general and abstract rules in a family which is smallest unity of society,aims to protection of the child who is in a bad situation of this relation.Child is really in need of protection as he is in sufficient, in physical, psychological.mental and economical means.So we meet with guardianship as legal constitution in a way that determing of results with rights and duties of sides to each other and on conditional that sides misbehave to these rights and duties contrarily.The subject of guardianship is child who has legally diffirent personality.The Guardianship right, as a diffirent from other personal rights, was given to parents not because of their interests but child?s interests.ın other word child benefits from this right.Rigths, given to parents an account of guardianship, aim to protection child.That is, they are duties.Duties, that guardianship gives to parents for child,are mainly about caring and education of child.According to this parents must grow up child and pay attention to health physical progressing of child.Like this,parents, as they can afford by taking inta consideration of child?s skills have to make him a career, supply a good education and give religional education.In return to these duties of parents, child must respect to his parents and be solidarity with themParents , while performing the responsibilities based on the chıld?s law guardionshıp, have espacially taming authority to provide the chıld?s education.however that authority is proportional to the chıld?s benefit.Parents havig this authority constitute the usage of the chıld?s physical and psychological growth affecting in a negative way.In case of the parents? not performing the responsibilities based on the child?s law guardion ship or using them in a negative way, the problem of the protection of the child occurs.Protection of the child in our law is the means of many law, regulation and instruction.That event in other words is the subject of way international agreements.But when we search the problem within the civilized law, we come across the items 346-351 of Turkısh civilized law.Related items,when evaluated as whole, it is importmant of the parents? not performing the responsibilities or using them in a negative way.Because the purpose of our civilized law?s arrangement is not to punish the parents who don?t do their duties without reason, is to protect the child.In other words, we can say that if the child?s benefit is in danger and in need because of the parents? violating the duties with faulty or not, the sage should take measure by influencing on the chıld?s law guardıonshıp.These measures giving advice to the parents or child from the parents and to accommodate him/her to the institution or much worse such as taking the rights of the parents on the child.The sage while taking these measures, have criteria of the parents? faukt and the chıld?s violated benefit.with 4320 numbered law related to the protection of family coming into force in the date of 17/01/1998, it can be useful to protect the child from the violence of the members of the familiy.As it is mentioned before, the child is weaker than his/her parents in terms of physical,mental and economical side so he/she needs protection.one of the laws containing the rules about childs protection is ?the 5395 numbered Child Protection Law?.According to the conception of this law, the judgement of the suspects is depended on special rules.Apart from the rules expressed before .Another law containing the rules of protecting the children is?the 2828 numbered Social (public) Services and society fort he protection of Chidren.It can be easily seen in our country that family institution is still strong. But there is a reality that the social and economical problems weaken this institution.According to various families, it is compulsory to have their children work.So the children become acquainted with the streets in their earlier ages.The relationship in working lives. The poor wards where are the results of crooked urbanization, poverty and unemployment are the factors of increasing the chidren?s living and working in the streets..