Social Investigation Report in a Divorce Case under Turkish Law

SOCIAL INVESTIGATION REPORT

The social investigation report, briefly known as (SIR) in practice, is an examination conducted by the family court judge. The judge conducts this examination regarding custody. The judge examines which spouse should be granted temporary or permanent custody of the common children based on this report. In this article, we will provide information about the social investigation report in a divorce case.

In uncontested divorce cases, since the spouses have made a joint decision regarding custody, there is no dispute. Therefore, there is no need for the judge to conduct an investigation. However, in contested divorce cases, when the parties cannot agree on custody, the judge must conduct the necessary investigations to determine which party should be granted custody of the child. This is where the importance of social investigation reports comes in. A social investigation report can be obtained in the case of a dispute regarding the custody of the common children.

Social investigation reports are a tool that serves the best interests of the common children. According to the child’s best interest, which parent it would be more appropriate to stay with can be determined more accurately through these reports. Social investigation reports are quite important to shape the child’s physical and mental development and future in the best way possible.

HOW IS THE SOCIAL INVESTIGATION REPORT PREPARED?

The person authorized to prepare the social investigation report will conduct the necessary examinations and investigations. In this context, this person is especially free to meet with the child in question. These meetings will be conducted according to the request of the person preparing the report and in a sufficient number. While preparing the social investigation report, the officer will examine the child’s developmental stages. The officer will particularly conduct research on the child’s physical and emotional condition. The impact of the concrete case on the child’s personal situation will be addressed in the report. The report will especially focus on the child’s level of maturity, if any, disability status, physical health, and psychological health.

WHO PREPARES THE SOCIAL INVESTIGATION REPORT?

The social investigation report in a divorce case is prepared by pedagogues. In our law, at least one social work officer who has graduated from psychological counseling and guidance, psychology, and social services fields is assigned to each family court by the Ministry of Justice. These individuals are generally senior in matters of children and family problems. The social investigation report will be prepared by working officers knowledgeable in child development.

HOW TO REQUEST A SOCIAL INVESTIGATION REPORT?

A social investigation report can be requested after filing a divorce case. After filing for divorce, the family judge handling your case can immediately request this report on their own. For this, there must be a dispute regarding custody in the concrete case. In this case, the judge informs the responsible persons. The experts who learn about the situation will contact the plaintiff and defendant individuals. Then, the responsible persons will start meeting with the children on the specified date. These meetings may increase according to the request of the officer. The report in question will be submitted to the court after the examination.

MATTERS INCLUDED ABOUT THE PARTIES IN THE REPORT

While preparing the social investigation report, the child’s situation is prioritized. Besides, the experts are also obliged to conduct research on the situations of the spouses requesting custody. There are some matters that need to be addressed in the research conducted on the parties. These are:

1. Personality traits of the parties

2. Financial status of the parties

3. Education levels of the parties

4. Social status of the parties

5. Health status of the parties

6. Criminal records of the parties

7. Condition of the residence where the parties live

8. Bad habits of the parties, if any

If these matters are not included in the report, you can object to the report.

OBJECTION TO THE SOCIAL INVESTIGATION REPORT

The responsible officer will submit the report to the court, and this report will also be notified to the parents. It is possible to object to the prepared social investigation report. To object to the report, it must first be notified to you. You can object to this report within 2 weeks from the date of notification. You can make two different requests in the objection. These are:

1. Request for a new report to be prepared

2. Request for the court to make a decision without adhering to the report

To avoid losing rights, it would be healthier to complete the objection stages with a Divorce Lawyer.

WHAT MATTERS CAN BE OBJECTED TO IN THE REPORT?

As we mentioned above, it is legally possible to object to the social investigation report in a divorce case. In the objection, either the preparation of a new report is requested, or it is requested that the court does not base its decision on the prepared report. The matters you can object to in the report are:

– Contradictions in the report

– The report being prepared without sufficient observation or research

– The report not including statements from both parties

– The report not including information on the financial status of both parties

– The report not providing a reasoned opinion

In the presence of these situations, you can object to the social investigation report.

FREQUENTLY ASKED QUESTIONS

1. Is the social investigation report paid?

Yes, the SIR is paid. The officers start the examinations and investigations with the payment of the fee.

 

2. What happens if one party’s statement is not taken while preparing the report?

While preparing the SIR, the statements and views of both parties should be taken. Otherwise, the report can be objected to.

 

3. Is the judge bound by the social investigation report?

No, the SIR can be the basis for the decision but is not mandatory. The judge can make a different decision contrary to the SIR.

 

4. Is the social investigation report only commissioned by the divorce case judge?

No, according to Article 45 of the Child Protection Law, courts, child judges, or public prosecutors can request an SIR when necessary regarding children.

EXAMPLES FROM SUPREME COURT DECISIONS

“During the trial, three social investigation reports were prepared by the court, and the decision was based on the social investigation reports dated 10.03.2015 and 15.04.2015, without waiting for the last social investigation report dated 02.07.2015. In this case, the court should make a decision by evaluating the social investigation report dated 02.07.2015 with the entire file, while the decision made in writing without waiting for the last social investigation report required annulment.” 2nd Civil Chamber 2015/23708 E., 2015/23355 K.

 

“The court ruled without consulting the opinion of the common child born on 01.09.2008, who is of an age to understand the matter. Therefore, the child’s opinion should be obtained either directly by the judge or through a proxy; they should be informed about where they want to live in terms of education, culture, living conditions, and their views should be asked. Considering the different evaluations in both social investigation reports, a new social investigation report should be obtained from psychologists, pedagogues, and social workers, and all evidence should be evaluated together, and a decision should be made accordingly. The decision made in writing with incomplete examination required annulment.” 2nd Civil Chamber 2018/5593 E., 2018/13599 K.

 

“In the concrete case, in the first expert report dated 17.05.2013, obtained by the court, the social investigation report was prepared concerning custody without meeting with the common children and only by interviewing both parents. In this report, the expert advised that the children should also be interviewed, but did not provide an opinion. In the subsequent social investigation report, the expert interviewed only the defendant mother, her relatives, and the children, and prepared the report considering only their living conditions, social, and psychological states without including the plaintiff father’s housing, income, social, and psychological states. Given this situation, the social investigation reports prepared by the social service expert concerning custody were not sufficient to establish a ruling.” 2nd Civil Chamber 2017/2302 E., 2017/7666 K.

 

“The court’s social investigation report dated 10.03.2016, regarding the living conditions of the common child born on 24.02.2010, and the plaintiff father states that the father can fulfill the custody duty, but a decision regarding custody should be made after obtaining a social investigation report on the mother. However, the court granted custody of the common child to the plaintiff father based on the reasoning that ‘the child has been living with the father after the separation of the parties’ common life’ without obtaining a social investigation report on the defendant mother. While determining custody, the main principle to be considered is the ‘best interest of the child.’ In determining the best interest of the child, it is necessary to ensure the child’s physical, mental, moral, and social development. The interests of the parents, their fault in divorce, moral values, social status, etc., are considered as long as they

do not affect the child’s best interest. Custody is a matter of public order and the principle of re-examination applies. Therefore, even developments occurring during the trial should be considered. The court should obtain a social investigation report evaluating the relationship of the defendant mother with the common child, her living and housing conditions, and a decision should be made based on all the evidence collected to determine which parent’s custody will benefit the common child. The decision made in writing with incomplete examination was not found appropriate.” 2nd Civil Chamber 2016/19669 E., 2018/7257 K.

 

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