Family courts provide an avenue for conflict resolution and protection of children, including equitable distribution and custody arrangements, as well as possible restraining orders being issued against an individual or couple.
Your children can help prevent physical and emotional abuse by learning how to be safe themselves. Open two-way dialogue is the best way for your child to feel at ease sharing information with you.
It is a place to resolve conflicts
Family court is a specialty court that deals with legal matters that impact families, such as child abuse and neglect, adoptions, domestic violence or guardianship proceedings. Family courts typically have more relaxed proceedings than general civil or criminal courts.
Family law cases differ significantly from criminal or civil proceedings in terms of their goals, with criminal proceedings seeking to enforce public codes of behavior while family law involves helping families find solutions that work for all involved – the ultimate aim being providing a safe environment even in trying times.
Alternative dispute resolution techniques like mediation offer effective means for resolving conflicts without going to court, helping individuals communicate more efficiently and come to agreements that are fair for both sides. If you find yourself facing difficulty with your spouse, consulting a divorce and family lawyer could prove invaluable in reaching a suitable resolution.
Family court can be an intimidating environment for those without legal representation, but it’s important to remember your rights and entitlement to representation. If you can’t afford private legal counsel, contact the Family Law Self-Help Center whose staff offers legal information and assistance (but no advice) directly to court users without legal counsel.
It is a place to protect children
Family court is an arena in which the government intervenes to protect children from harm, such as abuse, neglect and domestic violence. Additionally, it handles child custody and visitation disputes. Details regarding these cases remain private between those involved and their attorneys, since these proceedings can often be highly sensitive matters. The court strives to keep its process as non-intrusive as possible in these matters.
Courts often turn to experts when making decisions regarding abuse or neglect claims. If they find any, judges may order removal of children from the parents’ home; depending on circumstances, this could involve foster care placement or relatives caring for them; additionally, guardian ad litem appointments can also help safeguard children’s best interests.
Unfortunately, our system is failing to protect individuals by permitting judges to make uninformed decisions based on unreasonable assumptions that have had catastrophic results – for instance when judges become convinced there exists a syndrome called parental alienation and make unwise judgement calls accordingly.
Family law cases differ from other forms of law by being decided solely by judges; unlike most forms of litigation, family cases don’t involve juries and are instead often decided by one single judge who may or may not have adequate training in child welfare and up-to-date research into ACEs, trauma and neglect on kids; their decisions could have severe repercussions – potentially even leading to murder.
It is a place to determine equitable distribution
Civil courts focus on upholding public standards of behavior and punishing anyone found violating them; while family courts specialize in relationship and family laws. As opposed to being focused around fault, family court cases typically involve issues related to property division, child custody arrangements or child support issues.
If a couple cannot agree upon how to divide their property, a court may use equitable distribution rules as a guideline. These are usually determined by state law, and take into account various factors including length of marriage, contributions made by each spouse to property ownership and economic circumstances of each party – in addition to any egregious conduct such as adultery.
Equity distribution can be an extended and complex process; if both partners cannot come to an agreement on their own, a mediator can provide invaluable help in finding an amicable resolution that will benefit both of them.
Family Court files are confidential, meaning only parties, attorneys or those authorized by them have access. Darren Shapiro advises arriving early as calendars for Family Courts across Long Island and New York City can often become very busy.
It is a place to determine child custody
If you are divorcing or seeking custody of a child, family court is where your petition and hearing will take place. As opposed to criminal or civil cases, family court places more importance on family rights and children’s interests than ever before; its judges must always make decisions in accordance with what’s considered “best interests of the child,” an extremely broad standard which allows courts to weigh numerous factors when making their decisions.
One critical consideration in awarding custody to one parent over another is their home environment. A judge will give priority to those whose environments are safe and healthy for their child’s wellbeing; this could include factors like domestic violence in the home or other dangerous circumstances. It also encompasses parental behaviors as they relate to their relationship with their children – for instance if one has tried to turn them against each other by encouraging conflict among family members.
A judge will also take into account the quality of relationships between parents and their child(ren). They prefer awarding custody to one who shares strong, healthy, and consistent bonds with them.
