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Family Court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “clean hands” and the request was reasonable, “quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each US state and each country has a different system utilized to address family law cases including decisions regarding divorce cases. In the United States Family courts were first established in the United States starting in the late 1910s at the behest of probation officers invested in the success of specialized domestic relations courts. Members of the National Probation Association (NPA) advanced the idea that "combining criminal nonsupport, juvenile delinquency, and divorce into a unified 'fam ...
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Melbourne Federal Court
Melbourne ( ; Boonwurrung language, Boonwurrung/Woiwurrung–Taungurung language, Woiwurrung: ''Narrm'' or ''Naarm'') is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victoria (Australia), Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metropolitan area known as Greater Melbourne, comprising an urban agglomeration of Local Government Areas of Victoria#Municipalities of Greater Melbourne, 31 local municipalities, although the name is also used specifically for the local government area, local municipality of City of Melbourne based around Melbourne City Centre, its central business area. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, part of West Gippsland, as well as the hinterlands towards the Yarra Valley, ...
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Family Law Act 1996
The Family Law Act 1996c 27 is an Act of Parliament of the United Kingdom governing divorce law and marriage. The law intends to modernise divorce and to shift slightly towards "no fault" divorce from the fault-based approach of the Matrimonial Causes Act 1973. The main part of the Act, dealing with divorce, was not proceeded with after pilot schemes found that it did not work well. Contents Part I of the Act sets out the philosophical approach to divorce. Part II set out a procedure for divorce which required spouses seeking divorce to attend a preliminary Information Session and to seek mediation as a first step. Part II and related sections of other parts were repealed and partially replaced by section 18 of the Children and Families Act 2014 after they were abandoned in practice in 1999. Part III of the act concerns provision of legal aid for mediation in family law and divorce. Part IV set out the mechanisms and principles related to family homes (in particular Family Law ...
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Family Court Of Australia
The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Federal Circuit Court of Australia, it covered family law matters in all states and territories of Australia except for Western Australia, which has a separate Family Court. Its core function was to determine cases with the most complex law, facts and parties, to cover specialised areas in family law, and to provide national coverage as the national appellate court for family law matters. In 2021, the Morrison Government introduced legislation merging the Family Court with the Federal Circuit Court of Australia to form the Federal Circuit and Family Court of Australia, effective from 1 September 2021. Since the merger, the Federal Circuit and Family Court of Australia is the only court which has jurisdiction to deal with purely family law rel ...
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Subject-matter Jurisdiction
Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity. To decide a case, a court must have a combination of subject (''subjectam'') and either personal (''personam'') or territorial (''locum'') jurisdiction. Subject-matter jurisdiction, personal or territorial jurisdictio ...
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Family Procedure Rules
The Family Procedure Rules (previously Family Proceedings Rules), often abbreviated FPR, govern the procedures used in family courts in England and WalesThe Family Procedure Rules 2010were introduced by Statutory Instrument and are effective 6 April 2011. Part 7 (Paragraph 75) of the Courts Act 2003 The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judgeReview of the Criminal Courtsin England and Wales (also known as the "Auld Review ... 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.Courts Act 2003
accessed 14 September 2021 The Courts Act also states, "Family Procedure Rules may modify the rules of evidence as they ap ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ...
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Alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian. Etymology The term alimony comes from the Latin word '' alimōnia'' ("nourishment, sustenance", from ''alere,'' "to nourish"), from which the terms alimentary (of, or relating to food, nutrition, or digestion), and aliment (a Scots Law rule regarding sustenance to assure the wife's lodging, food, clothing, and other necessities after divorce) are also derived. History The Code of Hammurabi (1754 ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. With 7.5 million residents of various nationalities in a territory, Hong Kong is one of the most densely populated places in the world. Hong Kong is also a major global financial centre and one of the most developed cities in the world. Hong Kong was established as a colony of the British Empire after the Qing Empire ceded Hong Kong Island from Xin'an County at the end of the First Opium War in 1841 then again in 1842.. The colony expanded to the Kowloon Peninsula in 1860 after the Second Opium War and was further extended when Britain obtained a 99-year lease of the New Territories in 1898... British Hong Kong was occupied by Imperial Japan from 1941 to 1945 during World War II; British administration resume ...
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The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Guardian Media Group, owned by the Scott Trust. The trust was created in 1936 to "secure the financial and editorial independence of ''The Guardian'' in perpetuity and to safeguard the journalistic freedom and liberal values of ''The Guardian'' free from commercial or political interference". The trust was converted into a limited company in 2008, with a constitution written so as to maintain for ''The Guardian'' the same protections as were built into the structure of the Scott Trust by its creators. Profits are reinvested in journalism rather than distributed to owners or shareholders. It is considered a newspaper of record in the UK. The editor-in-chief Katharine Viner succeeded Alan Rusbridger in 2015. Since 2018, the paper's main news ...
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Peter Kyle (politician)
Peter Kyle (born 9 September 1970) is a British politician serving as Shadow Secretary of State for Northern Ireland since 2021. A member of the Labour Party, he has been Member of Parliament (MP) for Hove since 2015. A former charity sector executive, he previously served as a Shadow Justice Minister from 2020 to 2021 and a Shadow Education Minister in 2021. Early life and career Kyle grew up in West Sussex and moved to Brighton and Hove in 1996. He later gained a doctorate in community development from the University of Sussex. In 2006, he became a Cabinet Office special advisor focusing on social exclusion policy. He worked as an aid worker in Eastern Europe and the Balkans helping young people whose lives had been affected by the political instability created by war. From 2007 to 2013, he was deputy chief executive of ACEVO. In 2013, he became chief executive of Working for Youth, a newly formed charity focusing on helping unemployed youth. Parliamentary career In th ...
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Fathers' Rights
The fathers' rights movement is a social movement whose members are primarily interested in issues related to family law, including child custody and child support, that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mothers—either after divorce or as unwed fathers—and the children of the terminated marriage. The movement includes men as well as women, often the second wives of divorced fathers or other family members of men who have had some engagement with family law. Many members of the movement are self-educated in family law, including child custody and support, as they believe that equally-shared parenting time was being unjustly negated by family courts. Though it has been described as a social movement, members of the movement believe their actions are better described as part of a civil rights movement. The movement has received international press coverage as a res ...
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