Citizendia
Your Ad Here

Family law
Entering into marriage
Prenuptial agreement  · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation  · Civil union
Domestic partnership
Registered partnership
Putative marriage
Dissolution of marriage
Annulment  · Divorce  · Alimony
Issues affecting children
Paternity  · Legitimacy  · Adoption
Legal guardian  · Ward
Emancipation of minors  · Foster care
Child Protective Services
Parental responsibility
Contact (including Visitation)
Residence in English law
Custody  · Child support
Areas of possible legal concern
Spousal abuse  · Child abuse
Child abduction  · Child marriage
Adultery  · Bigamy  · Incest
Conflict of Laws Issues
Marriage  · Nullity  · Divorce

In Family Law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child. Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a Contract entered NOTICE TO WOULD-BE ROMEOS ************** Common-law marriage (or Common law marriage) sometimes called de facto marriage, informal marriage or marriage by habit and repute Same-sex marriage (also referred to as gay marriage) is a term for a legally or Socially recognized Marriage between two people of the same Cohabitation is when people live together in an emotionally- and/or physically- Intimate relationship. A civil union is a legally recognized union similar to Marriage. A domestic partnership is a legal or Personal relationship between two individuals who live together and share a common domestic life but are neither joined by a traditional Registered partnership is one of several terms synonymous with a Civil union or Civil partnership similar to Marriage, typically created in order to provide A putative marriage is an apparently valid Marriage, entered into in Good faith on the part of at least one of the partners but that is legally invalid due to Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract Divorce or dissolution of marriage is the termination of a Marriage. Alimony, maintenance or spousal support is an obligation established by Law in many countries that is based on the premise that both spouses have an absolute In law Paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors In Common law, legitimacy is the status of a Child that is born to parents who are legally married to one another or that is born shortly after the Adoption is the act of legally placing a child with a Parent or parents other than those to whom they were born A legal guardian is a person who has the legal authority (and the corresponding duty to care for the personal and Property interests of another person called a ward In Law, a ward is someone placed under the protection of a Legal guardian. Emancipation of minors is a legal mechanism by which a child is freed from control by their parent(s/guardian(s and the parent(s/guardian(s is/are freed from any and all responsibility Foster care is a system by which a certified stand-in "parent(s" cares for minor Children or young peoples who have been removed from their birth parents Child Protective Services (CPS is the name of a Governmental agency in many states of the United States that responds to reports of Child abuse In the states of the European Union and elsewhere parental responsibility refers to the rights and privileges which underpin the relationship between a Residence is a term used to refer to not always similar concepts in various parts of English law including taxation immigration and family law Child custody and '''guardianship''' are Legal terms which are sometimes used to describe the legal and practical relationship between a Parent and his In family law and government policy child support or child maintenance is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate Child abuse is the physical, psychological or sexual maltreatment of children Child abduction is the abduction or kidnapping of a Child (or Baby) by an older person Child marriage usually refers to two separate social phenomena which are practiced in some societies Adultery is the voluntary Sexual intercourse between a married person and another person who is not his or her Spouse, though in many places it is The term polygamy (a Greek word meaning "the practice of multiple marriage" is used in related ways in Social anthropology, Sociobiology, and Incest refers to any sexual activity between closely related persons (often within the immediate family that is illegal or socially Taboo. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Conflict of laws, the issue of Marriage has assumed increasing public policy significance in a world of increasing multi-ethnic multi-cultural Community In Conflict of Laws, the issue of nullity (known as Annulment in the United States) in Family Law inspires a wide response among the laws In modern Society, the role of marriage and its termination through Divorce have become political issues Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of The United States of America —commonly referred to as the Contact forms part of the bundle of rights and privileges which a parent may have in relation to any child of the family. A right is a legal or moral Entitlement or Permission. Rights are of vital importance in theories of Justice and deontological ethics A privilege &mdashetymologically "private law" or law relating to a specific individual&mdashis a special Entitlement or immunity granted by a government A parent is a Father or Mother; one who sires or gives CHILD syndrome (or congenital hemidysplasia with ichthyosiform erythroderma and limb defects) is a genetic disorder Family denotes a group of People affiliated by consanguinity affinity or co-residence

Following ratification of the United Nations Convention on the Rights of the Child in most countries, the term "access" was superseded by the term contact. Ratification is the act of giving official sanction or approval to a formal document such as a treaty or constitution The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security The United Nations Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil political The terminology reflects a substantive change in the law. A parent is not necessarily any longer entitled to have "custody" of or "access" to a child. Instead, a child may be allowed to reside or have contact with a parent.

Contents

Concepts

In most jurisdictions the nature of a couple’s relationship changes when a child is born to that relationship. In law, there may be differences in the consequences depending on whether the relationship is heterosexual or between people of the same biological sex, and whether it is a marriage, a civil union (sometimes, as in Holland, described as a partnership), and cohabitation (sometimes amounting to a common law marriage in some states). Heterosexuality refers to sexual behavior with or attraction to people of the opposite sex or to a heterosexual orientation NOTICE TO WOULD-BE ROMEOS ************** A civil union is a legally recognized union similar to Marriage. Holland is a region in the western part of the Netherlands. A maritime and economic power in the 17th century Holland today consists of the Dutch provinces of For partnership in cricket terminology see List of cricket terms A partnership is a type of Business entity in which partners Cohabitation is when people live together in an emotionally- and/or physically- Intimate relationship. Common-law marriage (or Common law marriage) sometimes called de facto marriage, informal marriage or marriage by habit and repute All children are, to a greater or lesser extent, subject to the authority of their parents during the early years of their life, i. e. during what is termed their minority, states impose a range of incapacities until the children reach an age when they are deemed sufficiently mature to take responsibility for their own actions. In law the term minor (also infant or infancy) is used to refer to a person who is under the age in which one legally assumes Adulthood and is legally Discussion As an aspect of the Social contract between a state and its Citizens the state adopts a role of protector to the weaker and more vulnerable members Issues of access and custody interact and overlap, and represent all of the aspects of care and control that parents may exercise in relation to their children. The extent to which the courts have jurisdiction to regulate access will depend on the nature of the parents' relationship. In the event of a marriage, the courts may adjust access rights as an aspect of proceedings for legal separation, annulment or divorce. Legal separation (sometimes "separate maintenance" " divorce a mensa et thoro," or "divorce from bed-and-board" is a possible step towards Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract Divorce or dissolution of marriage is the termination of a Marriage. In the event of other relationships, jurisdiction may be invoked by either spouse, partner, natural parent (which may sometimes include fathers from unlawful sexual relationships), adoptive parent, legal guardian or by a guardian ad litem appointed to represent any child's interests. Adoption is the act of legally placing a child with a Parent or parents other than those to whom they were born A legal guardian is a person who has the legal authority (and the corresponding duty to care for the personal and Property interests of another person called a ward A legal guardian is a person who has the legal authority (and the corresponding duty to care for the personal and Property interests of another person called a ward

Policy background

As a specific application of parens patriae (see public policy and the concept of best interests), most states treat the interests of any children caught up in litigation as their first and paramount concern. Parens patriae is Latin for "father of the people" In Law, it refers to the public policy power of the state to usurp Public policy is the body of fundamental principles that underpin the operation of legal systems in each state. Best interests or best interests of the child is the doctrine used by most Courts to determine a wide range of issues relating to the well-being of Children In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy Usually, the children are not directly the parties to the lawsuit, so the courts have a range of options including the power to appoint a guardian ad litem to protect their interests. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy This is particularly important in cases involving the breakdown of any family relationship where questions relating to the welfare of the children will become significant in sometimes acrimonious disputes. At a supranational level, the Convention on the Rights of the Child emphasises the need to allow children a voice in any proceedings affecting their welfare. The United Nations Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil political Significantly, it also suggests a change to the terminology, replacing "custody" and "access" with the concepts of "residence" and "contact".

However, the most common legal outcome to cases involving the issues of care and control reinforces the sexual stereotype that a mother is always the better qualified person to care for younger children. A stereotype (from Greek: stereo + týpos = "solid impression" is a generalized perception of first impressions behaviors presumed by a group "Mom" "Mum" and "Mommy" redirect here Whereas some jurisdictions formally prefer joint custody arrangements in situations where there has previously been a stable family relationship, many states have a formalised rebuttable presumption in favour of the mother, requiring a sometimes unreasonably high level of evidence to rebut, with the result that the access rights of perfectly capable men are sometimes denied in favour of women who have demonstrated a poor track record of care. See also Child custody Joint custody is a Court order whereby custody of a child is awarded to both parties Both in Common law and in civil law, a rebuttable presumption (in Latin, praesumptio iuris tantum) is an assumption made by a court one that Consequently, a new political trend represented by fathers' rights and men's rights movements, is developing in the United States, the United Kingdom, and other Western countries to demand 50-50 parenting (access and visitation are considered more archaic terms and the movements prefer the term parenting time). The Fathers' rights movement has been characterized as a Civil rights movement whose members are primarily interested in issues affecting fathers and children related to Men’s rights are the freedoms inherently possessed by men and boys of all ages which may be institutionalized ignored or suppressed by law custom and behavior in a particular The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Under this system, there would no legal determination of custody, and the rights of both parents to equal time with their child(ren) (and vice versa) would be protected. For example, groups like Fathers 4 Justice, American Coalition for Fathers and Children (ACFC), Alliance for Non-Custodial Parents Rights (ANCPR), S.P.A.R.C. (Separated Parents Access & Resource Center) and National Congress for Fathers and Children (NCFC) work nationally and internationally. Fathers 4 Justice (or F4J) began as a fathers’ rights organisation in the United Kingdom. Bob Geldof, of Boom Town Rats, Band Aid, and Live Aid fame, is one of the leaders of the movement in the United Kingdom with Parents 4 Protest and The Sun's Justice 4 Dads campaign. Robert Frederick Zenon Geldof, KBE, known as Bob Geldof (born 5 October 1951, is an Irish singer

Parental responsibility in EU law

The European Union has set up machinery for the mutual recognition of Family Law judgments through Council Regulation 2201/2003 which continues the harmonisation of the rules on jurisdiction and on the recognition and enforcement of all judgments on parental responsibility. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in In the Conflict of Laws, issues relevant to the enforcement of foreign Judgments are frequently regulated by Bilateral Treaty or Multilateral In the states of the European Union and elsewhere parental responsibility refers to the rights and privileges which underpin the relationship between a The intention is to ensure that parental responsibility orders can be recognised and enforced through a uniform procedure. The courts in the Member State where the child is habitually resident have the primary jurisdiction to rule on parental responsibility. The courts in the other Member States shall enforce those judgments unless:

Following a proposal from the Commission in May 2002, a regulation on parental responsibility which was adopted on 27 November 2003 and applies from the 1st March 2005:

either because there is a grave risk that the child would be in danger if he or she returned, or
if the child has attained a certain age and maturity and does not want to return.
But the court in the state where the child resided before the abduction takes the final decision as to where the child shall stay, and such decisions must be respected in the state of current residence.

Contact in English law

Contact Orders are made under s8 Children Act 1989 to require the person(s) with whom a child lives to allow that child to visit, stay or have contact with a person named in the order. The Children Act 1989 is a British Act of Parliament that altered the law in regard to children Orders continue until the child is 16 years. So long as the child is not under the care of a local authority, the following people can apply for a Contact Order:

  1. the parent or guardian of a child (s10(4)(a));
  2. anyone who holds a Residence Order in respect of that child (s10(4)(b));
  3. a married step-parent of the child where the child lived with the step-parent as a child of the family (s10(5)(a));
  4. anyone with whom the child has lived for at least three years (this period need not have been continuous but must have been recent) (s10(5)(b));
  5. anyone who:
a) where there is already a Residence Order in place has the consent of every one who holds that order or
b) who has the consent of the local authority where the chid is in their care or
c) has the consent of every one who has parental responsibility for the child.

If an applicant cannot apply for the order as of right they can make an application to the court seeking leave to issue the application. In deciding whether to grant the leave the court will consider under s10(9), amongst other things:

  1. the nature of the application;
  2. the applicant's connection with the child;
  3. the risk there might be if the proposed application disrupting the child's life to such an extent that they should be harmed by it.

Under s11, the court must attempt to avoid delay in making an Order. The court will only make contact orders for children over sixteen years old in exceptional circumstances. Contact can either be direct e. g. face-to-face meetings with a person or indirect e. g. by letter, video, exchange of Christmas cards etc. Some orders will be very specific as to times, dates and arrangements for contact, other orders will be more open with detailed arrangements to be made between the parties by agreement. These orders are not just obtained by parents for contact with their children, there can also be orders for contact between siblings or the child and wider family members. Sometimes the order will give directions that the contact is to be supervised by a third person. The order may also only be for a specific period or contain provisions which operate for a specific period. These are Orders of the court and a failure to comply can be a contempt of court with serious consequences. Contempt of court is a court ruling which in the context of a court trial or hearing deems an individual as having been disrespectful of the court its process and its invested

Contact represents a change in fundamental concept to disputes involving the upbringing of children. Prior to The Children Act 1989 in the jurisdiction of England & Wales [and in Scotland in the Children (Scotland) Act 1995], an adult was usually granted 'access to' a child; now a child is to be allowed 'contact with an adult' [or step-brother/sister]. Sixteen years after the Children Act 1989 became law, judges and the media in England still on occasion refer to 'custody and access' instead of 'residence and contact', and some judges are making orders such as 'father to have contact with the child' contrary to 'the child be allowed contact with father' as it argued by certain legal establishments the difference is minimal and in nomenclature only. The law is quiet clear that 'a residence order' undoubtedly gives additional rights to the residential parent, and does diminish the parental responsibility of the non-residential parent, in various ways. [b Hoggett]. Therefore custody and residence, or contact and access can be in some circumstances be interchangeable concepts in family law. The argument that 'winner no longer takes all' in contact/residence access/custody disputes does not hold water.

Visitation in the U. S.

Generally speaking, visitation is considered only a privilege granted to the non-custodial parent of any child of the family. CHILD syndrome (or congenital hemidysplasia with ichthyosiform erythroderma and limb defects) is a genetic disorder Family denotes a group of People affiliated by consanguinity affinity or co-residence The standard visitation awards by the family court in most U. For family court in Hong Kong see Family Court (Hong Kong A family court is a Court convened to decide matters and make orders in S. states consists of alternating weekends and some holidays (usually amounting to four days a month unless the parent allows an increase in shared parenting time).

However, the child, at or around the age of 13, depending on the state, may choose in which parent's home to live without government interference.

Parents (and in some jurisdictions grandparents) frequently believe that they have a right to visitation or access; however, courts in several countries have used the subjective doctrine of the best interests of the child to deny parental or grandparental access to the child(ren). Grandparent visitation. In some jurisdictions grandparents may have a legal right to have court ordered Visitation (or Access) of their grandchildren Best interests or best interests of the child is the doctrine used by most Courts to determine a wide range of issues relating to the well-being of Children This is commonly found in cases when custody of the child(ren) is disputed and there is a history of interference with visitation. In such high conflict cases, there are often allegation of child abuse and/or domestic violence.

In high conflict cases, visitation may be supervised by a social worker, psychologist, guardian ad litem, or other third party while the noncustodial parent visits with the child. Social work is a discipline involving the application of Social theory and research methods to study and improve the lives of people groups and societies Mental health professional A psychologist is a practitioner of Psychology, the systematic investigation of the mind including Behavior, Cognition,

Many noncustodial parents have visitation orders that allow the child to visit with them without any supervision. A court order (or court ruling) is an official proclamation by a Judge (or panel of judges that defines the legal relationships between the parties to a hearing These visits often take place away from the custodial residence. Often the noncustodial parent is granted overnight visitation, weekend visitation, or vacation visitation.

Parents may also share custody and may agree to allow visitation. In these situations a court order may not be needed, though sometimes it is obtained to forestall later disputes about what the parents had previously agreed to, and to allow the courts to have some oversight over the children (which they normally have under statute and under the parens patriae power).

Access in Japan

In Japan, there is no legal guarantee of access by a noncustodial parent. Despite this, courts do often grant access rights to a noncustodial parent in the event of a divorce, or to the father of a child born out of wedlock, who by law is declared noncustodial by default. However, these court ordered visits are often only for several hours once a month, and in some cases, only once a year. Further, courts will not enforce these access provisions when the custodial parent is not co-operative. Several groups are working to change related laws and provide more detailed information on these laws and alternatives:

References

Supervised Visitation Directory

See also

For other uses see Contact centre (disambiguation A Contact centre is a place where a non-resident parent may have supervised (or supported contact
© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
 Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic