“Sexual abuse is preventable” (Photo: csgorselarsiv.org)
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Disclaimer of liability
• In this article we have not included detailed descriptions of the child for the best interests of the child. Related reports are available to us.
• The news can be a trigger for male violence and abuse. In the event of a psychological trigger, we recommend that you contact Mor Çatı and related units.
“The case showed signs of anger, fear, and hyperactivity that developed later when I started playing therapy sessions with YBY
“At the same time, I was consulted about suspicions of sexual abuse. Y., who did not make any verbal or metaphorical statements about sexual abuse in the first three sessions, had a serious trust problem.
“Children take time to bond securely and for a long time they test the adult’s credibility with themselves to talk about their trauma, such as sexual abuse.
“The child only played games of anger and fear that were very brief and incoherent, mostly games to test me until the child was sure I was a trustworthy adult.
“However, after the therapeutic bond and trust had developed between the case and me, Y. began to make clear verbal and metaphorical statements about sexual abuse in the 4th and subsequent sessions. Y’s words about sexual abuse in the sessions were like follows follows. “
The Selçuk Civil Court of First Instance in İzmir, which did not recognize this and similar reports from an experienced psychologist, gave the abusive father temporary custody of 3-year-old Y.
Refik Y. and Nazlı U., who live in Selçuk District in İzmir, decided to get a divorce. Since there was no family court in Selçuk, the matter was referred to the criminal court of first instance.
While Refik and Nazlı’s divorce proceedings continue, a lawsuit has been filed for custody of 3-year-old YB and MM
At the hearing on March 24, 2021, Nazlı U.’s lawyers presented expert opinions and views of psychologists to the court showing that the father abused YB
However, the court gave the father temporary custody of the child, taking into account the Social Study Report (SİR) prepared by an individual psychologist.
The court set specific hours on Saturdays each week for the mother to meet the children. The next hearing of the process will take place on June 9th.
Lawyers appealed the decision
Following this decision, Mother Nazlı U.’s lawyers appealed the decision. While the findings that the child was abused were individually explained in the appeal petition, the following statements were included:
“The general reason to give the child to the father is the social study report of February 21, 2021. Although we appealed against this social study report on March 5, 2021, the decision of an individual educator without receiving a new social report. to which a specialist in the field of child psychiatry belonged and who evaluated the physical findings of the medically common child YB by a specialized psychiatrist, was taken into account in the temporary detention of the common children to the complaining father and is thus taken into account against the procedure and the law. “
Asking lawyers to listen to experts in court
The lawyers Özgür Baykal and Fırat Güneş again pointed out that the child was a victim and drew attention to the following points:
“In all of these reports that we had previously submitted to the court, it was clearly understood that their child was abused by the father, these issues were not considered in the report, and it was concluded that our client was trying to break the personal relationship to prevent between them the common child and the complaining father.
“When the overall case and the reports we have submitted are reviewed, the reason for our customers’ efforts becomes clear.
“To compare our legitimate claim with the medical reports we have submitted, the delegation would get a new report from a specialist in child psychiatry and get a healthier result in terms of victimization experienced.”
A new SİR must be issued
The lawyers Özgür Baykal and Fırat Güneş demanded that the decision to temporarily grant custody of the father, taking into account the best interests of the child, be given up and that the appeal against the social study report be accepted.
The lawyers Baykal and Güneş also asked that the delegation, which includes a specialist in child psychiatry, issue a new report on social studies and that professional psychologists be heard in court by eliminating the missing questions in the court petition.
However, the court also denied all of these requests.
Keskin: The mother is devastated
Attorney Eren Keskin, co-chair of the Human Rights Association, provided the following information on the case:
“When this file reached me, I couldn’t believe my eyes. The very young child, who can be considered a baby, is being abused by the father. Given the abuse, it is inconceivable that the child could be given to the father. The mother is devastated destroyed. Nobody hears this mother’s voice. The mother seeks justice. We want everyone to see this situation. There is a big complaint.
“The family judge who handed the child over to the father and the prosecutor who made the decision not to pursue the mother’s complaint are married. This is another side of the situation. The mother doesn’t know what to do .
“She appears to be kidnapping the child now, but if she were to hand the child over to the father, she would hand the child over to the father, whose abuse has been documented by reports. We want this decision to be corrected as soon as possible. We want that custody of the child is taken from the father and handed over to the mother. “
Social study reports are one of the most controversial areas in custody cases. Courts often refer the children to the father based on SİR reports.
According to the information I got from some local sources, getting a SİR report is entirely related to the economic situation. A father can pay 7,000 to 10,000 TL and receive SİR reports that include expressions such as “The child has no connection with the mother”.
It is estimated that in court many children are taken from their mothers with the SİR report.
What does the law say
According to the 293rd article of the Code of Civil Procedure with the number 6100; The parties can obtain a scientific opinion on the subject matter of the case from the expert. For this reason alone, no additional time can be requested. The judge may, on application or ex officio, decide to be heard by hearing the expert from whom a report has been received. During the oral hearing, in which the expert is called in, the judge and the parties can ask the necessary questions. If the expert does not come to the hearing without a valid apology, the issued report will not be assessed by the court.
(EMK / DCE / VK)
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