What Is the Best Interests of the Child Principle?

Children are individuals in their own right. In divorce and similar disputes between parents they may be treated as objects or “property.” Yet under the Civil Code, personality begins before birth and children have rights of their own, independent of their parents. Domestic law and especially the UN Convention on the Rights of the Child recognise the best (paramount) interests of the child. UNCRC Art. 3(1): in all actions concerning children by public or private social-welfare institutions, courts, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. The principle rests on children’s early physical and psychological development and their inability to protect themselves alone. Authorities and courts must prioritise that interest—and if needed protect the child even against parents. In Ankara family courts it guides custody and contact decisions.

Hearing a minor in divorce proceedings may be required, but must not undermine best interests. Children should be heard with great sensitivity, ideally in child-friendly spaces rather than intimidating courtrooms that can further harm an already fragile psyche.

Custody must not become a bargaining chip driven by parental anger. The court should award custody not to the wealthier parent but to the one who can better support the child’s healthy development. The child’s wishes matter, but best interests may justify a different custody or contact arrangement. At Karınca Law Firm in Çankaya we manage Ankara divorce and custody files with the child’s best interests at the centre. • UNCRC Art. 3: child’s interests are primary • Protection even against parents if needed • Hear children in suitable spaces where possible • Custody is not a bargaining chip • Criterion: support for development, not wealth alone