Family law is an area of the law that deals with family matters and domestic relations.
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's 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 is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a guardian.
Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that "in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration". Assessing the best interests of a child means to evaluate and balance "all the elements necessary to make a decision in a specific situation for a specific individual child or group of children".
A stepfamily is a family where at least one parent has children who are not biologically related to their spouse. Either parent, or both, may have children from previous relationships or marriages. Two known classifications for stepfamilies include "simple" stepfamilies, where only one member of the family's couple has a prior child or children and the couple does not have any children together, and "complex" or "blended" families, where both members of the couple have at least one child from another relationship.
The National Society for the Prevention of Cruelty to Children (NSPCC) is a British child protection charity.
The fathers' rights movement in the United Kingdom consists of a large number of diverse pressure groups, ranging from charities and self-help groups to civil disobedience activists in the United Kingdom, who started to obtain wide publicity in 2003. Studies show the majority of the UK population support the need for change and protection of fathers rights to meet the responsibility through 50:50 contact. The movement's origin can be traced to 1974 when Families Need Fathers (FNF) was founded. At the local level, many activists spend much time providing support for newly separated fathers, most of whom are highly distraught. Although some have been accused of being sexist by some commentators, these groups also campaign for better treatment for excluded mothers, women in second marriages, other step-parents and grandparents – all of whom suffer discrimination in respect of contact with their (grand) child(ren).
In the United Kingdom and the nations of the European Union, parental responsibility refers to the rights and privileges which underpin the relationship between the children and the children's parents and those adults who are granted parental responsibility by either signing a 'parental responsibility agreement' with the mother or getting a 'parental responsibility order' from a court. The terminology for this area of law now includes matters dealt with as contact and residence in some states.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.
Child protection refers to the safeguarding of children from violence, exploitation, abuse, and neglect. It involves identifying signs of potential harm. This includes responding to allegations or suspicions of abuse, providing support and services to protect children, and holding those who have harmed them accountable.
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule. The visitation term is not used in a shared parenting arrangement where both parents have joint physical custody.
Kinship care is a term used in the United States and Great Britain for the raising of children by grandparents, other extended family members, and unrelated adults with whom they have a close family-like relationship such as godparents and close family friends because biological parents are unable to do so for whatever reason. Legal custody of a child may or may not be involved, and the child may be related by blood, marriage, or adoption. This arrangement is also known as "kincare" or "relative care." Kinship placement may reduce the number of home placements children experience; allow children to maintain connections to communities, schools, and family members; and increase the likelihood of eventual reunification with birth parents. It is less costly to taxpayers than formal foster care and keeps many children out of the foster care system. "Grandfamily" is a recently coined term in the United States that refers to families engaged in kinship care.
Child Protective Services (CPS) is the name of an agency in many states of the United States responsible for providing child protection, which includes responding to reports of child abuse or neglect. Some states use other names, often attempting to reflect more family-centered practices, such as department of children and family services (DCFS). CPS is also sometimes known by the name of department of social services, though these terms more often have a broader meaning.
The Family Law Act 1975(Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated de facto partners: in Australia. It also covers family violence. It came into effect on 5 January 1976, repealing the Matrimonial Causes Act 1961, which had been largely based on fault. On the first day of its enactment, 200 applications for divorce were filed in the Melbourne registry office of the Family Court of Australia, and 80 were filed in Adelaide, while only 32 were filed in Sydney.
The Indian Child Welfare Act of 1978 is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care and adoption cases.
The fathers' rights movement has simultaneously evolved in many countries, advocating for shared parenting after divorce or separation, and the right of children and fathers to have close and meaningful relationships. This article provides details about the fathers' rights movement in specific countries.
The fathers' rights movement in Australia focus on issues of erosion of the family unit, child custody, shared parenting, child access, child support, domestic violence against men, false allegations of domestic violence, child abuse, the reintroduction of fault into divorce proceedings, gender bias, the adversarial family court system and secrecy issues.
The Children's Rights Council (CRC) is a non-profit organization dedicated to help divorced, separated and never married parents to remain active in their child’s life. The organization focuses on children’s rights advocacy for shared parenting, the prevention of child abuse and alternative dispute resolution. CRC also run parental access centers where children can spend supervised time with their non-custodial parents and where transfers between parents can occur in a monitored environment. The organization was founded in 1985 by David L Levy, and it is headquartered in Landover, Maryland, in the Washington, D.C. metropolitan area.
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 to the child only when supervised by another adult. Supervised visitation is used to protect children from potentially dangerous situations while allowing parental access and providing support for the parent child relationship.
Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. It involves a transfer of parental rights and obligations and provides family membership. The Department of Social Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."
