Family law, what it encompasses?
Family law encompasses all laws governing the relationships between family members. Legal rights and responsibilities arise out of marriages, common-law partnerships, parent-child and any similar relationships. Visit our site map for articles on specific aspects of family law.
One of the major differences between family law and other types of law is that it anticipates that a relationship of some kind between the parties to any legal dispute is likely to continue even after the dispute has been dealt with by the legal system. Even in divorce law, designed to govern the termination of a relationship – marriage – family law acknowledges that the parties may continue to relate to each other over the care of children or the disposition of property. This is in contrast with criminal law for example where the law contemplates the offender and victim never interacting with each other again, at least once any restorative obligations have been performed.
While many disputes arising from the application of family law are resolved in court, negotiated settlements, often resulting from mediation sessions, are generally favored by the courts. Mediation is a process whereby a neutral professional, often a lawyer, social worker, or psychologist, with specialized training in dispute resolution, assists the parties in resolving their dispute in a manner in which they can both agree.
Family law changes as the nature of families, and what is socially acceptable behaviour in family relationships changes. In the past, homosexuals were not permitted to adopt children and common-law marriages were not afforded the same legal recognition as traditional marriages. Now that has changed and in many jurisdictions homosexual marriage is permitted. Advances in reproductive technology are expected to result in future changes to family law.
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