As the name suggests, family law is a branch of law that covers legal system issues and domestic relations between family members. Cases involving family law are tried at family courts.
Wondering what cases are covered at a family court? Find the answers below.
Divorce
One of the most common issues handled at family court is the dissolution of marriage. Typically this involves divorce, separation, or annulment of marriage.
Many divorce cases can end up not necessitating a hearing, specifically if both parties are in agreement and the divorce ends up being uncontested.
You can easily get a divorce even without a divorce lawyer in Canada, but it is still recommended to hire a family lawyer if you want to ensure the protection of your rights, children, and assets.
Child Custody or Child Support
Disputes on child support and custody are often settled at family court. Taking care of the children will be the primary concern of the court.
Custody will be decided based on who has the greatest bond with the child, who is able to provide home stability, and whether either parent has criminal or drug activity.
Meanwhile, unmarried parents can also ask the court to grant legal custody of a child. Physical custody, visitation schedules, and child support are also established with the help of the family court.
If paternity needs to be declared, the family court handles this as well.
In the end, it falls on the family lawyer to gather evidence to present to the judge which will help the court decide on the best course of action for the child.
Property and Financial Settlements
Beyond marriage and child legal issues, the family court also oversees property and financial settlements. This involves inheritance, pre and postnuptial agreements, and estate matters.
In the case of a dissolution of marriage, both parties often need to get an agreement on the settlement or properties such as real estate investments, stocks, bonds, furniture, appliances, cars, mortgages and loans, and bank accounts.
Adoption
Family court also oversees adoption cases. Adoption can be a complicated process due to different factors so a legal representation is necessary.
Adoption cases where the individual or stepparent has no biological ties to the child can be even more complicated.
The whole process requires investigations, interviews, and several court hearings so getting the support of a family law attorney is often required.
Emancipation
People under 18 are considered children by law, and are thus under the control of their parents. In certain cases, those under 18 can file for emancipation to free themselves from the thumb of their parents or guardians.
People under 18 who wish to get married can also get approval from a family court provided they get the consent of the parents.
More Legal Resources
The family court handles a wide variety of cases. You need the support of good lawyers to navigate the complicated legal processes involved in these cases.
If you need lawyers, check out our review on the best lawyers in Edmonton to help you win your case.
