Difference between revisions of "Family law" - New World Encyclopedia
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'''Family law''' is an area of the [[law]] that deals with [[family|family-related]] issues and [[domestic relations]] including, but not limited to: | '''Family law''' is an area of the [[law]] that deals with [[family|family-related]] issues and [[domestic relations]] including, but not limited to: | ||
*the nature of [[marriage]], [[civil union]]s, and [[domestic partnership]]s; | *the nature of [[marriage]], [[civil union]]s, and [[domestic partnership]]s; | ||
+ | |||
+ | ==Formation of a union== | ||
+ | ===Marriage=== | ||
+ | '''Marriage''' is an [[interpersonal relationship]] with [[government]]al, [[social]], or [[religion|religious]] recognition, usually [[Intimacy|intimate]] and [[Human sexual behavior|sexual]], and often created as a [[contract]], or through civil process. '''Civil marriage''' is the legal concept of marriage. | ||
+ | |||
+ | The most frequently occurring form of marriage unites a [[man]] and a [[woman]] as [[husband]] and [[wife]]. | ||
+ | ===Civil union=== | ||
+ | A '''civil union''' is a recognized union similar to [[marriage]]. Beginning with [[civil unions in Denmark|Denmark]] in 1989, civil unions under one name or another have been established by law in many [[developed countries]] in order to provide [[homosexuality|same-sex couples]] with [[right]]s, benefits, and [[Moral responsibility|responsibilities]] similar (in some countries, identical) rights and responsibilities to opposite-sex civil marriage. In some [[jurisdiction]]s, such as [[Civil unions in Quebec|Quebec]] and [[Civil unions in New Zealand|New Zealand,]] civil unions are also open to opposite-sex couples. | ||
+ | |||
+ | Most civil-union countries recognize foreign unions if those are essentially equivalent to their own; for example, the [[United Kingdom]], lists equivalent unions in [[Civil Partnership Act Schedule 20]]. | ||
+ | |||
+ | ===Domestic partnership=== | ||
+ | A '''domestic partnership''' is a legal or [[personal relationship]] between individuals who live together and share a common domestic life but are not joined in a traditional [[marriage]] or in a [[civil union]]. However, in some jurisdictions, such as [[Domestic partnerships in California|California]], domestic partnership is in fact nearly equivalent to marriage, or to other legally recognized same-sex or different-sex unions. The terminology for such unions is still evolving, and the exact level of rights and responsibilities conferred by a domestic partnership varies widely from place to place. | ||
+ | |||
+ | ==Issues arising during marriage== | ||
*issues arising during marriage, including [[spousal abuse]], [[legitimacy (law)|legitimacy]], [[adoption]], [[surrogacy]], [[child abuse]], and [[child abduction]] | *issues arising during marriage, including [[spousal abuse]], [[legitimacy (law)|legitimacy]], [[adoption]], [[surrogacy]], [[child abuse]], and [[child abduction]] | ||
+ | ===Spousal abuse=== | ||
+ | '''Spousal abuse''' refers to a wide spectrum of abuse. This includes [[physical abuse]], [[sexual abuse]], [[emotional abuse]], economic abuse and financial abuse. The abuser can be the husband or wife as can the victim. | ||
+ | Most of the information today confuses spousal abuse with [[domestic violence]], which is only part of the whole spectrum of abuse. 'Domestic violence' which is a specific form of [[ violence]] where physical or [[sexual abuse]] is perpetuated by one spouse upon another, or by both partners upon each other. | ||
+ | ===Legitimacy=== | ||
+ | In the [[common law|common-law]] tradition, '''legitimacy''' describes the status of [[child]]ren who are born to parents that are legally [[marriage|married]], or born shortly after a marriage ends through divorce. The opposite of legitimacy is the status of being ''[[illegitimacy|illegitimate]]'' — born to unmarried parents, or to a married woman but of a father other than the woman's husband. | ||
+ | In both canon and civil law, the offspring of [[putative marriage]]s are legitimate. | ||
+ | |||
+ | ===Adoption=== | ||
+ | '''Adoption''' is the legal act of permanently placing a child with a [[parent]] or [[parents]] other than the birth mother or father. An adoption order has the effect of severing the parental responsibilities and rights of the birth parents and transferring those responsibilities and rights onto the adoptive parent(s). After the finalization of an adoption, there is no legal difference between adopted children and those born to the parents. There are several kinds of adoption, which can be defined both by effect (e.g., whether the adoption is ''open'' or ''closed'', see below) and by location and the origin of the child (i.e., domestic or international adoption). | ||
+ | ===Surrogacy=== | ||
+ | '''Surrogacy''' is an arrangement whereby a woman agrees to become [[pregnancy|pregnant]] for the purpose of gestating and giving [[birth]] to a child for others to raise. She may be the child's [[Genetics|genetic mother]] (the more traditional form of surrogacy), or she may be implanted with someone else's [[fertilization|fertilized]] egg ([[gestational surrogacy]]), as this trend started since the first artificial surrogate mothers in Europe or the U.S. back in the 1960s. | ||
+ | ===Child abuse=== | ||
+ | '''Child abuse''' is the physical, [[child sexual abuse|sexual]], or emotional maltreatment or neglect of children by parents, guardians, or others. While most child abuse happens in the child's home, large numbers of cases of child abuse have been identified within some organizations involving children, such as churches, schools, child care businesses, and in particular native residential schools<ref>[http://www.religioustolerance.org/sch_resid.htmAbuse at Native Residential Schools]</ref>, or in government agencies<ref>[http://www.rrj.ca/issue/1998/spring/254/] "Getting Away with Murder—Of children" and "Missed Clues—Lost Lives : TORONTO STAR, 1998"]</ref>. It also sometimes occurs almost anywhere (eg [[kidnap]]pings, random [[murder]]s etc.) | ||
+ | ===Child abduction=== | ||
+ | '''Child abduction''' is the [[kidnapping|abduction or kidnapping]] of a [[child]] (or [[baby]]) by an older person. | ||
+ | |||
+ | Several distinct forms of child abduction exist: | ||
+ | * A stranger removes a child for [[Crime|criminal]] or [[mischief|mischievous]] purposes | ||
+ | * A stranger removes a child (usually a baby) to bring up as that person's own child. | ||
+ | * A [[parent]] removes or retains a child from the other parent's care (often in the course of or after divorce proceedings). | ||
+ | |||
+ | While cases have been reported from antiquity, this phenomenon has recently taken on greater awareness as a result of movies and television series (example: ''[[Without a Trace]]'') depictions of the premise of people who remove children from strangers to bring up as their own often after the death of their own child. | ||
+ | |||
+ | ==Termination of the relationship== | ||
+ | |||
*the termination of the relationship and ancillary matters including [[divorce]], [[annulment]], [[property settlement]]s, [[alimony]], and [[parental responsibility (access and custody)|parental responsibility]] orders (in the [[United States]], [[child custody]] and [[contact (law)|visitation]], [[child support]] awards). | *the termination of the relationship and ancillary matters including [[divorce]], [[annulment]], [[property settlement]]s, [[alimony]], and [[parental responsibility (access and custody)|parental responsibility]] orders (in the [[United States]], [[child custody]] and [[contact (law)|visitation]], [[child support]] awards). | ||
+ | ===Divorce=== | ||
+ | '''Divorce''' or '''dissolution of marriage''' is the ending of a [[marriage]] before the death of either spouse. | ||
+ | ===Annulment=== | ||
+ | It can be contrasted with an [[annulment]], which is a declaration that a marriage is void, though the [[effects of marriage]] may be recognized in such unions, such as [[alimony|spousal support or alimony]], [[child custody]], [[child support]], and [[distribution of property]]. | ||
+ | ===Alimony=== | ||
+ | '''Alimony''', '''maintenance''' or '''spousal support''' is an obligation established by [[law]] in many countries that is based on the premise that both spouses have an absolute obligation to support each other during the [[marriage]] (or [[civil union]]) unless they are [[legally separated]]. In some instances the obligation to support may continue after [[separation]]. | ||
+ | ===Parental responsibility=== | ||
+ | '''Parental responsibility''' | ||
+ | |||
+ | *in the [[European Union]], [[parental responsibility (access and custody)]] refers to the bundle of rights and privileges that children have with their parents and significant others as the basis of their relationship; | ||
+ | *in [[Canada]] and the [[United States]], [[parental responsibility (criminal)]] refers to the potential liability that parents may incur for the acts and omissions of their children. | ||
+ | ===Child custody and guardianship=== | ||
+ | '''Child custody''' and '''guardianship''' are [[legal]] terms which are sometimes 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. | ||
+ | ===Child support=== | ||
+ | In many countries, '''child support''' or '''child maintenance''' is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or [[marriage]] that has been terminated. In [[family law]], child support is often arranged as part of a [[divorce]], [[legally separated|marital separation]], [[dissolution of marriage|dissolution]], [[annulment]], determination of parentage or dissolution of a [[civil union]] and may supplement [[alimony]] (spousal support) arrangements. | ||
+ | |||
This list is by no means dispositive of the potential issues that come through the [[family court]] system. In many [[jurisdiction]]s in the United States, the family [[court]]s see the most crowded [[docket]]s. [[litigant|Litigants]] representative of all [[social class|social]] and [[economic class]]es are parties within the [[judicial system|system]]. Because the family courts are notoriously underfunded <ref>[http://www.co.sanmateo.ca.us/bos.dir/nevin.dir/FAMSUM.HTM Family Courts: A Crisis? (Paper on California Family Law)]</ref> and see a relatively large proportion of economically dependent litigants, a common criticism levied is that the system inherently prejudices the needs of these disadvantaged parties. | This list is by no means dispositive of the potential issues that come through the [[family court]] system. In many [[jurisdiction]]s in the United States, the family [[court]]s see the most crowded [[docket]]s. [[litigant|Litigants]] representative of all [[social class|social]] and [[economic class]]es are parties within the [[judicial system|system]]. Because the family courts are notoriously underfunded <ref>[http://www.co.sanmateo.ca.us/bos.dir/nevin.dir/FAMSUM.HTM Family Courts: A Crisis? (Paper on California Family Law)]</ref> and see a relatively large proportion of economically dependent litigants, a common criticism levied is that the system inherently prejudices the needs of these disadvantaged parties. |
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Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to:
- the nature of marriage, civil unions, and domestic partnerships;
Formation of a union
Marriage
Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. Civil marriage is the legal concept of marriage.
The most frequently occurring form of marriage unites a man and a woman as husband and wife.
Civil union
A civil union is a recognized union 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 with rights, benefits, and responsibilities similar (in some countries, identical) rights and responsibilities to opposite-sex civil marriage. In some jurisdictions, such as Quebec and New Zealand, civil unions are also open to opposite-sex couples.
Most civil-union countries recognize foreign unions if those are essentially equivalent to their own; for example, the United Kingdom, lists equivalent unions in Civil Partnership Act Schedule 20.
Domestic partnership
A domestic partnership is a legal or personal relationship between individuals who live together and share a common domestic life but are not joined in a traditional marriage or in a civil union. However, in some jurisdictions, such as California, domestic partnership is in fact nearly equivalent to marriage, or to other legally recognized same-sex or different-sex unions. The terminology for such unions is still evolving, and the exact level of rights and responsibilities conferred by a domestic partnership varies widely from place to place.
Issues arising during marriage
- issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction
Spousal abuse
Spousal abuse refers to a wide spectrum of abuse. This includes physical abuse, sexual abuse, emotional abuse, economic abuse and financial abuse. The abuser can be the husband or wife as can the victim. Most of the information today confuses spousal abuse with domestic violence, which is only part of the whole spectrum of abuse. 'Domestic violence' which is a specific form of violence where physical or sexual abuse is perpetuated by one spouse upon another, or by both partners upon each other.
Legitimacy
In the common-law tradition, legitimacy describes the status of children who are born to parents that are legally married, or born shortly after a marriage ends through divorce. The opposite of legitimacy is the status of being illegitimate — born to unmarried parents, or to a married woman but of a father other than the woman's husband. In both canon and civil law, the offspring of putative marriages are legitimate.
Adoption
Adoption is the legal act of permanently placing a child with a parent or parents other than the birth mother or father. An adoption order has the effect of severing the parental responsibilities and rights of the birth parents and transferring those responsibilities and rights onto the adoptive parent(s). After the finalization of an adoption, there is no legal difference between adopted children and those born to the parents. There are several kinds of adoption, which can be defined both by effect (e.g., whether the adoption is open or closed, see below) and by location and the origin of the child (i.e., domestic or international adoption).
Surrogacy
Surrogacy is an arrangement whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child for others to raise. She may be the child's genetic mother (the more traditional form of surrogacy), or she may be implanted with someone else's fertilized egg (gestational surrogacy), as this trend started since the first artificial surrogate mothers in Europe or the U.S. back in the 1960s.
Child abuse
Child abuse is the physical, sexual, or emotional maltreatment or neglect of children by parents, guardians, or others. While most child abuse happens in the child's home, large numbers of cases of child abuse have been identified within some organizations involving children, such as churches, schools, child care businesses, and in particular native residential schools[1], or in government agencies[2]. It also sometimes occurs almost anywhere (eg kidnappings, random murders etc.)
Child abduction
Child abduction is the abduction or kidnapping of a child (or baby) by an older person.
Several distinct forms of child abduction exist:
- A stranger removes a child for criminal or mischievous purposes
- A stranger removes a child (usually a baby) to bring up as that person's own child.
- A parent removes or retains a child from the other parent's care (often in the course of or after divorce proceedings).
While cases have been reported from antiquity, this phenomenon has recently taken on greater awareness as a result of movies and television series (example: Without a Trace) depictions of the premise of people who remove children from strangers to bring up as their own often after the death of their own child.
Termination of the relationship
- the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders (in the United States, child custody and visitation, child support awards).
Divorce
Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse.
Annulment
It can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support or alimony, child custody, child support, and distribution of property.
Alimony
Alimony, maintenance or spousal support is an obligation established by law in many countries that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated. In some instances the obligation to support may continue after separation.
Parental responsibility
Parental responsibility
- in the European Union, parental responsibility (access and custody) refers to the bundle of rights and privileges that children have with their parents and significant others as the basis of their relationship;
- in Canada and the United States, parental responsibility (criminal) refers to the potential liability that parents may incur for the acts and omissions of their children.
Child custody and guardianship
Child custody and guardianship are legal terms which are sometimes 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.
Child support
In many countries, child support or child maintenance is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has been terminated. In family law, child support is often arranged as part of a divorce, marital separation, dissolution, annulment, determination of parentage or dissolution of a civil union and may supplement alimony (spousal support) arrangements.
This list is by no means dispositive of the potential issues that come through the family court system. In many jurisdictions in the United States, the family courts see the most crowded dockets. Litigants representative of all social and economic classes are parties within the system. Because the family courts are notoriously underfunded [3] and see a relatively large proportion of economically dependent litigants, a common criticism levied is that the system inherently prejudices the needs of these disadvantaged parties.
For the Conflict of Laws elements dealing with transnational and interstate issues, see marriage (conflict), divorce (conflict) and nullity (conflict).
ReferencesISBN links support NWE through referral fees
- ↑ at Native Residential Schools
- ↑ [1] "Getting Away with Murder—Of children" and "Missed Clues—Lost Lives : TORONTO STAR, 1998"]
- ↑ Family Courts: A Crisis? (Paper on California Family Law)
Further reading
See also
- Fathers' rights
- Marriage strike
- Same-Sex Marriage
Different jurisdictions
- Algerian Family Code
- Family Court of Australia
- Australian family law
- Mudawana (The Moroccan Family Code).
- Family law system in England and Wales
- The Children Act 1989
- Sir Morris Finer - Report on One Parent Families
- Civil Code of the Philippines
External links
International
USA
- American Bar Association - Family Law Section
- American Academy of Matrimonial Lawyers
- Representing Children Worldwide: How Children are Represented in Protective Proceedings (Yale Law Resource)
- LII resources on Family Law
Australia
- Family Court of Australia Web Site
- The Family Law Act 1975
- Child Support (Assessment) Act, 1989
- Child Support (Registration and Collection) Act 1988
England
Scotland
- Children (Scotland) Act 1995
- Scottish Executive announcement, Wed 9 February 2005.
Japan
- Tokyo High Court Sweden v. Yamaguchi, or In the Matter of Mary Ann Vaughn 1956
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