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Family law is an area of the law that deals with family matters and domestic relations.
Divorce 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, 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.
In family law and public policy, 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 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, a guardian, or the state.
The fathers' rights movement is a 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.
Deadbeat parent is a pejorative term referring to parents who do not fulfill their parental responsibilities, especially when they evade court-ordered child support obligations or custody arrangements. They are also referred to as absentee fathers and mothers. The gender-specific deadbeat dad and deadbeat mom are commonly used to refer to people who have parented a child and intentionally fail to pay child support ordered by a family law court or statutory agency such as the Child Support Agency.
The law of Hong Kong is unique, being a common law system preserved, after the handover to China in 1997, within the civil law system of the People's Republic of China (PRC), under the principle of ‘one country, two systems'. Since the handover, the constitutional framework is provided by the Hong Kong Basic Law, which is a national law of the PRC and has constitutional status in Hong Kong.
In modern society, the role of marriage and its termination through divorce have become political issues. As people live increasingly mobile lives, the conflict of laws and its choice of law rules are highly relevant to determine:
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.
Australian family law is principally found in the federal Family Law Act 1975 as well as in other laws and the common law and laws of equity, which affect the family and the relationship between those people, including when those relationships end. Most family law is practised in the Federal Circuit Court of Australia, Family Court of Australia or the Family Court of Western Australia depending on the location and complexity of the matter. Australia recognises marriages entered into overseas as well as divorces obtained overseas if they were effected in accordance with the laws of that country. Australian marriage and "matrimonial causes" are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia and internationally by marriage law and conventions, such as the Hague Convention on Marriages (1978).
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 the mother and father have joint physical custody.
The Family Law Act 1975, referred to as the FLA by legal practitioners, is an Act of the Australian Parliament. It has 15 parts and is the main Australian legislation dealing with divorce, parenting arrangements between separated parents, property separation, and financial maintenance involving children or divorced or separated de facto partners. It came into effect on 1 January 1976, repealing the Matrimonial Causes Act 1961, which had been largely based on fault.
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.
International child abduction in Japan refers to the illegal international abduction or removal of children from their country of habitual residence by an acquaintance or family member to Japan or their retention in Japan in contravention to the law of another country. Most cases involve a Japanese mother taking her children to Japan in defiance of visitation or joint custody orders issued by Western courts. The issue is a growing problem as the number of international marriages increases. Parental abduction often has a particularly devastating effect on parents who may never see their children again.
Family law in Canada concerns the body of Canadian law dealing with domestic partnerships, marriage, and divorce.
The Men's rights movement in India is composed of various independent men's rights organisations in India. Proponents of the movement support the introduction of gender-neutral legislation and repeal of laws that they consider are biased against men.
The Family law of Singapore deals with several family legal issues in Singapore. It deals with adoptions, divorce, children's issues, division of matrimonial property, personal protection orders, probate and maintenance. The family court in Singapore oversees these legal issues. Singapore has two separate and different sets of family law: one for Muslims and the other for everyone else. Family law for Muslims is codified in the Administration of Muslim Law Act (AMLA). Family law for non-Muslims is codified in the Women's Charter. The Family Justice Courts of Singapore (FJC) handles all family cases.
Divorce law in Sweden concerns the dissolution of marriage, child support, alimony, custody and the division of property. Divorce restores the status of married people to individuals, leaving them free to remarry. The divorce laws in Sweden are known to be considerably liberal compared to other jurisdictions.
The Singapore Council of Women (SCW) was an organization based in Singapore. The group advocated for women's rights and was especially vocal on issues relating to women and marriage. The SCW also made sure it had a good relationship with the media, and wrote often to newspapers about women's issues. SCW lectured on women's rights in various neighborhoods in Singapore. The advocacy efforts of SCW helped speed the passage of the Women's Charter.
Chan Choy Siong was a Singaporean politician and activist for women's rights in Singapore. Chan was one of the first women to be elected a member of parliament in Singapore.
The Family Justice Courts (FJC) is a subordinate grouping of courts in the judicial system of Singapore that comprises the Youth Courts, Family Courts and High Courts. The Youth Courts hear cases related to children and young persons, the Family Courts hear all family proceedings except cases that fall under the Youth Courts, and the Family Division of the High Court primarily hears appeals against the decisions of the Family Courts and the Youth Courts.
References
- ↑ Mukunthan, Michael. "Chan Choy Siong". Singapore Infopedia. National Library Board. Retrieved 20 April 2015.
- ↑ Women's Charter Bill (No 126 of 1961), Explanatory Statement.
- ↑ "Caught in the middle: How changes to Women's Charter can help families affected by divorce" . Retrieved 9 March 2016.
- ↑ Yong, Charissa. "Should more men be allowed to seek maintenance?" . Retrieved 9 March 2016.
- ↑ Yong, Charissa. "No hiding now for deadbeat dads" . Retrieved 9 March 2016.
- ↑ "Parliament: Move to extend maintenance payments to some men a 'calibrated' measure" . Retrieved 9 March 2016.
- ↑ Abdullah, Zhaki. "Views sought on proposed changes to Women's Charter". Straits Times. Retrieved 1 December 2015.
- ↑ Goy, Priscilla. "Protecting children caught in divorce" . Retrieved 9 March 2016.
- ↑ Tan, Theresa. "Getting to the heart of divorce" . Retrieved 9 March 2016.
- ↑ Kok, Xing Hui. "'Good move' to crack down on maintenance defaulters" . Retrieved 9 March 2016.
- ↑ Tan, Jolene (8 December 2015). "Women's Charter should be Family Charter". Straits Times. Retrieved 9 March 2016.
- ↑ Chan, Kennard, Yanting. "Ensure Women's Charter does not become tool for discrimination" . Retrieved 9 March 2016.
