Family Court
Family Court is where disputes and feuds within the frame of “Family Law” are determined. Some examples are divorces, custody battles and other battles that can occur in a family. Family Court was established in America in the beginning of the 20th century and was called Domestic Relation Courts in the beginning. The idea of these courts is much older than that. Family Court handles cases about family and the relations within. Even though Family Court looks different in the states, the aspiration is that every family shall have the best help and a fair judgement in family matters. It is Family Court that decides in divorces as well.
How it works practically in America
In the USA Family Court is formally under the Trial Courts of Limited Jurisdiction. These courts only process errands of one kind and the one with the right of decision is mostly a judge with no jury. In America it is common to use mediation when it comes to family errands. The purpose of this is to find a solution fitting the needs of the family instead of unanimously submit to the judge’s decision. In custody battles it is mostly best for the child to solve the battle without a judge. If the mediation doesn´t work Family Court will veto.
In England and Wales
In England and Wales errands considering children are treated according to the Children Act from 1989. From 2014 there are two instances responsible for family errands, The Family Division of the High Court and the Family Court. Children Act 1989 includes two types of scenarios where one is private law where the parties mostly are the guardians of the child or the parents, and the other is public law where authorities are on one side and the parents the other. At the moment discussions are held on how the laws are administrated and whether the results are favourable for the children and parents involved. In England you can turn to a Family Court when it comes to orders on payments and allowances. There is a vivid debate going on in England whether Family Court can evolve to protect women in destructive relationships where children are abused. As it is at the moment, it can be traumatising for both the mother/wife and the children to confront an abusive husband and father in court.
In Hong Kong
In Hong Kong, the Family Court is a part of the District Court. The main part of the cases decided are about divorces and children. Focus is on the children and to make it as good as possible for them if there is any suspicion of them getting hurt. In Hong Kong, a person can file for a divorce if they have been married for at least a year and can show proof of the marriage being failed. This is done by filling out forms that you personally hand in to the Family Court. If the decision is mutual, the couple fills out the forms together. If there are children in the family under 18, it shall show clearly how they are to be taken care of.
