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
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;
* the establishment or termina ...
.
Overview
Subjects that commonly fall under a nation's body of family law include:
*
Marriage,
civil unions, and
domestic partnership
A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...
s:
** 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
Visitation may refer to:
Law
* Visitation (law) or contact, the right of a non-custodial parent to visit with their children
* Prison visitation rights, the rules and conditions under which prisoners may have visitors
Music
* ''Visitation'' (D ...
,
child support and
alimony awards
**
Prenuptial
A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the leg ...
and
Postnuptial agreements
*
Adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
: proceedings to adopt a child and, in some cases, an adult.
*
Surrogacy
Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregnan ...
: 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
Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...
and
child neglect
A form of child abuse, child neglect is an act of caregivers (e.g., parents) that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physica ...
*
Juvenile law: Matters relating to minors including
status offenses,
delinquency
Delinquent or delinquents may refer to:
* A person who commits a felony
* A juvenile delinquent, often shortened as delinquent is a young person (under 18) who fails to do that which is required by law; see juvenile delinquency
* A person who fa ...
,
emancipation and
juvenile adjudication
*
Paternity
Paternity may refer to:
*Father, the male parent of a (human) child
*Paternity (law), fatherhood as a matter of law
* ''Paternity'' (film), a 1981 comedy film starring Burt Reynolds
* "Paternity" (''House''), a 2004 episode of the television seri ...
: proceedings to establish and disestablish paternity, and the administration of
paternity testing
DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father are in issue and a child ...
This list is not exhaustive and varies depending on
jurisdiction.
Conflict of laws
Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction. For child custody, many nations have joined the
Hague Convention on the Civil Aspects of International Child Abduction in order to grant recognition to other member states' custody orders and avoid issues of
parental kidnapping
Child abduction or child theft is the unauthorized removal of a minor (a child under the age of legal adulthood) from the custody of the child's natural parents or legally appointed guardians.
The term ''child abduction'' includes two lega ...
.
See also
Specific jurisdictions
References
Further reading
*
*
External links
Testimony of Barbara Dafoe Whitehead, Ph.D., Co-Director, National Marriage Project Rutgers University, before US Senate Subcommittee* (an analysis of the long-term effect of divorce on children)
R. Partain, "Comparative Family Law, Korean Family Law, and the Missing Definitions of Family", (2012) HongIk University Journal of Law, Vol. 13, No. 2.Hong Kong Family Court Tables includes a summary of Hong Kong family law principles, a guide to the recent case law and relevant statutes, and a glossary of relevant terms related to the Hong Kong family law.
{{Authority control
Divorce
Marriage