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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;
issues arising during marriage, including spousal abuse, legitimacy,
adoption, surrogacy, child abuse, and child abduction
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).
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.
For the Conflict of Laws elements dealing with transnational and interstate
issues, see marriage (conflict), divorce (conflict) and nullity (conflict).
Members over the fathers' rights movement
criticize the win or lose adversarial system currently used in most Western
countries to determine divorce and child custody issues, and define "winning
custody" not as the right to parent one's children, but as the power to
prevent someone else from parenting his children with the help of the
government.
The Family Procedure Rules (previously Family Proceedings Rules), often
appreviated to FPR, govern the procedures used in family courts in England
and Wales. The Family Proceedings Rules were introduced by Statutory
Instrument in 1991 which gave rules for proceedings in the Supreme Court and
County Courts, whilst a separate code was introduced for use in the
Magistrates' Courts. The Family Procedure Rules when finalised will be a
unified code for all family courts.
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Part 7 (Paragraph 75) of the Courts Act 2003 states that "Family Procedure Rules are to be made by a committee known as the Family Procedure Rule Committee", and specifies who should be on that committee. The
Courts Act also states, "Family Procedure Rules may modify the rules
of evidence as they apply to family proceedings in any court within
the scope of the rules". |
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