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Family law is an area of the law that deals with family matters and domestic relations.
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding.
A father is the male parent of a child. Besides the paternal bonds of a father to his children, the father may have a parental, legal, and social relationship with the child that carries with it certain rights and obligations. An adoptive father is a male who has become the child's parent through the legal process of adoption. A biological father is the male genetic contributor to the creation of the infant, through sexual intercourse or sperm donation. A biological father may have legal obligations to a child not raised by him, such as an obligation of monetary support. A putative father is a man whose biological relationship to a child is alleged but has not been established. A stepfather is a male who is the husband of a child's mother and they may form a family unit, but who generally does not have the legal rights and responsibilities of a parent in relation to the child.
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.
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support.
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's paternity is in doubt. Tests can also determine the likelihood of someone being a biological grandparent. Though genetic testing is the most reliable standard, older methods also exist, including ABO blood group typing, analysis of various other proteins and enzymes, or using human leukocyte antigen antigens. The current techniques for paternity testing are using polymerase chain reaction (PCR) and restriction fragment length polymorphism (RFLP). Paternity testing can now also be performed while the woman is still pregnant from a blood draw.
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter bear the same implications.
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The invocation of a presumption shifts the burden of proof from one party to the opposing party in a court trial.
A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for benefit of another person. The trust property is said to "result" or jump back to the transferor. In this instance, the word 'result' means "in the result, remains with", or something similar to "revert" except that in the result the beneficial interest is held on trust for the settlor. Not all trusts whose beneficiary is also the settlor can be called resulting trusts. In common law systems, the resulting trust refers to a subset of trusts which have such outcome; express trusts which stipulate that the settlor is to be the beneficiary are not normally considered resulting trusts. Another understanding of resulting trusts could be an equitable instrument used to rectify and reverse unjust enrichment.
In the Hebrew Bible and Jewish religious law, a mamzer is a person who is born as the result of certain forbidden relationships or incest, or the descendant of such a person. Mamzer status is not synonymous with the traditional western definition of illegitimacy, since it does not include children whose mothers were unmarried when they were born.
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, 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.
Paternity fraud, also known as misattributed paternity or paternal discrepancy, occurs when a man is incorrectly identified as the biological father of a child. The underlying assumption of "paternity fraud" is that the mother deliberately misidentified the biological father, while "misattributed paternity" may be accidental. Paternity fraud is related to the historical understanding of adultery.
The tender years doctrine is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years, the mother should have custody of the child. The doctrine often arises in divorce proceedings.
Mater semper certa est is a Roman-law principle which has the power of praesumptio iuris et de iure, meaning that no counter-evidence can be made against this principle. It provides that the mother of the child is conclusively established, from the moment of birth, by the mother's role in the birth.
The "presumption of legitimacy" is a common law rule of evidence that states that a child born within the subsistence of a marriage is presumed to be the child of the husband.
Cohabitation in India is legal. It is prevalent mostly among the people living in metro cities in India.
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of mater semper certa est causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy on the child.
The tollere liberum was an ancient Roman tradition in which a man picked up a newly born infant from the ground and lifted them in the air to display his acceptance of them as part of his household. It was commonly the father, or in some cases the chief of the house, who performed the task. In some variations of the tradition the man would carry them around a portion of earth.
The Family Law Reform Act 1969 is an Act of Parliament amending various aspects of Family Law in English Law. The Act is in four parts.
Michael H. v. Gerald D., 491 U.S. 110 (1989), was a case decided by the Supreme Court of the United States involving substantive due process in the context of paternity law. Splitting five to four, the Court rejected a challenge to a California law that presumed that a married woman's child was a product of that marriage, holding that the due-process rights of a man who claimed to be a child's biological father had not been violated.
References
- ↑ "The Presumption of Legitimacy". biotech.law.lsu.edu.
- ↑ Australia, Commonwealth of (1975). "Family Law Act 1975 - SECT 69Q". Australasian Legal Information Institute.
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