Common Legal Issues That Arise in Family Law

Common Legal Issues That Arise in Family Law

Family law is primarily focused on people who have a domestic connection meaning that they have many shared legal responsibilities. In a layman’s term, it’s a combination of the case precedents and body of statutes that takes care of the domestic issues. While family law focusses on people related by marriage and blood, it’s also known to deal with some few casual and distant relationships. These cases are emotionally charged requiring the attorney in place to retain legal counsel only.

1. Areas covered by family law

In most cases, it has been shown that family law is invoked when people who shared a marriage or a romantic relationship want to go their separate ways. This, therefore, means dealing with issues like child custody and visitation as well support. It may consist of other issues like alimony and divorce. For people who have known each other for a little period, they may need an annulment. How property is shared at the end of the relationship is another issue that is covered under the family law.

It’s important to note that family law will differ from province to in Canada and each province has a way of dealing with family issues. However, there arises some situations where married people want to establish their rules on how they will share their property. Family law requires these people to enter into a prenuptial agreement that can be prepared by a registered attorney. Where a prenuptial agreement exists, it will be enforced by any court of law in Canada upon divorce. Another serious issue covered by the family law is emotional and physical abuse. In most cases, judges are quick to issue a restraining order if someone in a relationship is being abused. This restraining order prohibits the defendant against contacting the plaintiff in whatsoever manner. It’s important to hire an attorney in a family law issue due to expertise and the ability to uncover hidden assets.

2. Parental Obligation and rights

In many family disputes, the issue of concern is usually child custody. This is where the law decides about the wellbeing of the child regarding education and safety. This is a tricky part owing that the parents are playing hide and seek with one another. However, a principle called the best interests of the child is used to decide many child custody cases. Remember that it’s the responsibility of every parent to take care of their children. This requires the state to determine the case depending on the ability of every parent.

3. Other Issues Associated with Family Law

While family law sounds like a fun practice, there are complicated procedures that follow for everything to work. For instance, if there arises a battle to decide paternity, a DNA test must be carried out. There are also other emotional issues such as emancipation and grandparent rights among others. You may want to consult with Matrimonial Home for more information.

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