Family law
Overview
Family law is an area of the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

 that deals with family-related
Family
In human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...

 issues and domestic relations
Domestic relations
In the common law tradition, the law of domestic relations is a broad category that encompasses:* divorce;* property settlements;* alimony, spousal support, or other maintenance;* the establishment of paternity;...

 including:
  • the nature of marriage
    Marriage
    Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...

    , civil union
    Civil union
    A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

    s, and domestic partnership
    Domestic partnership
    A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...

    s;
  • issues arising throughout marriage, including spousal abuse, legitimacy
    Legitimacy (law)
    At common law, legitimacy is the status of a child who is born to parents who are legally married to one another; and of a child who is born shortly after the parents' divorce. In canon and in civil law, the offspring of putative marriages have been considered legitimate children...

    , adoption
    Adoption
    Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...

    , surrogacy
    Surrogacy
    Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person. This woman may be the child's genetic mother , or she may carry the pregnancy to delivery after having an embryo, to which she has no genetic relationship whatsoever, transferred to her uterus...

    , child abuse
    Child abuse
    Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...

    , and child abduction
    Child abduction
    Child abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....

  • the termination of the relationship and ancillary matters including divorce
    Divorce
    Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

    , annulment
    Annulment
    Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...

    , property settlements, alimony
    Alimony
    Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...

    , and parental responsibility
    Parental responsibility (access and custody)
    In the nations of the European Union and elsewhere, parental responsibility refers to the rights and privileges which underpin the relationship between a child and either of the child's parents or those adults who have a significant role in the child's life...

     orders (in the United States
    United States
    The United States of America is a federal constitutional republic comprising fifty states and a federal district...

    , child custody
    Child custody
    Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...

     and visitation
    Contact (law)
    In family law, contact is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child...

    , child support
    Child support
    In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...

     and alimony
    Alimony
    Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...

     awards).
  • Paternity fraud
    Paternity fraud
    Paternity fraud refers to a paternal discrepancy or a non-paternity event, in which a mother names a man to be the biological father of a child, particularly for self-interest, when she knows or suspects that he is not the biological father. The term entered into common use in the late 1990s. It...

     and testing
    Paternity testing
    Parental testing is the use of genetic fingerprinting to determine whether two individuals have a biological parent-child relationship. A paternity test establishes genetic proof as to whether a man is the biological father of an individual, and a maternity test establishes whether a woman is the...

  • Juvenile Adjudication


This list is by no means dispositive of the potential issues that come through the family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...

 system.
Encyclopedia
Family law is an area of the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

 that deals with family-related
Family
In human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...

 issues and domestic relations
Domestic relations
In the common law tradition, the law of domestic relations is a broad category that encompasses:* divorce;* property settlements;* alimony, spousal support, or other maintenance;* the establishment of paternity;...

 including:
  • the nature of marriage
    Marriage
    Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...

    , civil union
    Civil union
    A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

    s, and domestic partnership
    Domestic partnership
    A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...

    s;
  • issues arising throughout marriage, including spousal abuse, legitimacy
    Legitimacy (law)
    At common law, legitimacy is the status of a child who is born to parents who are legally married to one another; and of a child who is born shortly after the parents' divorce. In canon and in civil law, the offspring of putative marriages have been considered legitimate children...

    , adoption
    Adoption
    Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...

    , surrogacy
    Surrogacy
    Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person. This woman may be the child's genetic mother , or she may carry the pregnancy to delivery after having an embryo, to which she has no genetic relationship whatsoever, transferred to her uterus...

    , child abuse
    Child abuse
    Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...

    , and child abduction
    Child abduction
    Child abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....

  • the termination of the relationship and ancillary matters including divorce
    Divorce
    Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

    , annulment
    Annulment
    Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...

    , property settlements, alimony
    Alimony
    Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...

    , and parental responsibility
    Parental responsibility (access and custody)
    In the nations of the European Union and elsewhere, parental responsibility refers to the rights and privileges which underpin the relationship between a child and either of the child's parents or those adults who have a significant role in the child's life...

     orders (in the United States
    United States
    The United States of America is a federal constitutional republic comprising fifty states and a federal district...

    , child custody
    Child custody
    Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...

     and visitation
    Contact (law)
    In family law, contact is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child...

    , child support
    Child support
    In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...

     and alimony
    Alimony
    Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...

     awards).
  • Paternity fraud
    Paternity fraud
    Paternity fraud refers to a paternal discrepancy or a non-paternity event, in which a mother names a man to be the biological father of a child, particularly for self-interest, when she knows or suspects that he is not the biological father. The term entered into common use in the late 1990s. It...

     and testing
    Paternity testing
    Parental testing is the use of genetic fingerprinting to determine whether two individuals have a biological parent-child relationship. A paternity test establishes genetic proof as to whether a man is the biological father of an individual, and a maternity test establishes whether a woman is the...

  • Juvenile Adjudication


This list is by no means dispositive of the potential issues that come through the family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...

 system. In many jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

s in the United States, the family court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

s see the most crowded docket
Docket
Docket may refer to:*Docket , the official schedule of proceedings in lawsuits pending in a court of law. Term also includes a case identification number and reference point and case history for all case work involving a particular case....

s. Litigants representative of all social
Social class
Social classes are economic or cultural arrangements of groups in society. Class is an essential object of analysis for sociologists, political scientists, economists, anthropologists and social historians. In the social sciences, social class is often discussed in terms of 'social stratification'...

 and economic classes are parties within the system.

For the conflict of laws
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...

 elements dealing with transnational and interstate issues, see marriage (conflict)
Marriage (conflict)
In conflict of laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural and multi-national relationships...

, divorce (conflict)
Divorce (conflict)
In modern society, the role of marriage and its termination through divorce have become political issues. As people live increasingly mobile lives, the conflict of laws and its choice of law rules are highly relevant to determine:...

 and nullity (conflict)
Nullity (conflict)
In conflict of laws, the issue of nullity in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null...

.

Criticism of Family Law

Advocates of Alimony
Alimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...

 reform also critique the Family Law system. They argue that current system pits divorcing couples against each other over child support and alimony, creating a hostile environment for the family and requiring large payments to divorce attorneys.

See also

  • Alimony
    Alimony
    Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...

  • Paternity fraud
    Paternity fraud
    Paternity fraud refers to a paternal discrepancy or a non-paternity event, in which a mother names a man to be the biological father of a child, particularly for self-interest, when she knows or suspects that he is not the biological father. The term entered into common use in the late 1990s. It...

  • Merger doctrine (family law)
    Merger doctrine (family law)
    Historically, the merger doctrine was the notion that marriage caused a woman's legal identity to merge with that of her husband....

  • supervised visitation
    Supervised visitation
    Supervised visitation allows parents in high conflict or high risk situations access to their children in a safe and supervised environment. The noncustodial parent has access the child only when supervised by another adult...



Specific jurisdictions
  • Algerian Family Code
    Algerian Family Code
    The Algerian Family Code , enacted on June 9, 1984, specifies the laws relating to familial relations in Arab Algeria . It includes strong elements of Islamic law which have brought it praise from Islamists and condemnation from secularists and feminists.-History:Its critics particularly focus on...

  • Family Court of Australia
    Family Court of Australia
    The Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia...

    • Australian family law
      Australian family law
      Family Law in Australia is contained in various pieces of legislation, but also includes the common law and laws of equity, which affect the family and the relationship between those people - including when those relationships end....

  • Family Law Act (Alberta, Canada)
  • Family law system in England and Wales
    • The Children Act 1989
    • Sir Morris Finer
      Morris Finer
      Sir Morris Finer QC was a lawyer and judge.As a young barrister Morris Finer also wrote leaders for the London Evening Standard...

       - Report on One Parent Families
  • Malian Family Code
    Malian Family Code
    The Malian Family Code is the family law in Mali, passed in 1962. In 2009, an amendment was proposed as widespread protests forced the president to send the bill back to parliament for review. The bill sought to increase women's rights in the country, but was still opposed by some women...

  • Mudawana
    Mudawana
    The Mudawana is the personal status code, also known as the family code, in Moroccan law. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. Originally based on the Maliki school of Sunni Islamic jurisprudence, it was...

     (The Moroccan
    Morocco
    Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...

     Family Code).
  • Civil Code of the Philippines
    Civil Code of the Philippines
    The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines...


Further reading

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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