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The Family Court Guide

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The steps of the trial

Posted by on Jan 17, 2016 in Family law, Matrimonial law | Comments Off on The steps of the trial

Family or matrimonial law, as a part of legal system, deals with all kinds of cases involving marriage, divorce, child custody, support and alimony, so as property settlements and many other similar matters considering family relations.

If at any point in life you find yourself in some of these situations, you will have to face the family court and go through certain phases of a legal process. Usually, the same judge will hear, oversee and process all cases involving the same family and parties, sometimes with an assistance of a senior judge or hearing master.

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unnamed (2)The procedure starts with one person involved with a case files the complaint and the defendant files legal respond to it. Usually, around three months later, both parties attend case management conference. The judge sets a hearing where all disputes will be discussed. The policy of the most of family courts is to try to convince the parties to reach an agreement and resolve the issues out of court, if possible. For this purpose, legal system offers plenty settlement programs, such as Family Mediation Center, providing different sorts of help and guidance for all parties involved with a case. Sometimes, a full agreement is achieved in this manner, particularly when it comes to child custody, visitations and alimony issues.
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However, if the parties are not willing or able to resolve the issues out of court, a trial is set and the matter will be decided by the court, according to the current rules and laws of family law. As in any other type or trial, both sides are entitled to present their proofs, witnesses and legal representation, leaving the judge and the court to value presented evidence and make a final decision.

consulter-l-expert-41392043Usually, family law cases are handled by the district or federal court. After the trial, both parties may appeal this court’s decision, referring to higher levels of legal system. The appellative court is in charge to handle any kind of errors made by the district court. The Supreme Court is a place to go to if any person involved within the case wants to question the decision of the district family court. Of course, if any circumstance influencing the matter changes in the future, both parties may ask the court to re-try the case and modify the decision.

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Organisation of the family court

Posted by on Jan 17, 2016 in Family law, Family relations, Law judges | Comments Off on Organisation of the family court

Family law is an area of the law and legal system dealing with the matrimony issues and family relations. Most people never end up involved in any family law case. Those who do, usually need to get familiar with how the family law and courts work, before entering the procedure. Family law deals with the matters of marriage, adoption, child support, child abuse or abduction, divorce issues and following alimony, child custody and property settlements. Matrimonial court also processes cases of paternity testing and paternity fraud, name changes and juvenile adjudication.

6c3cb19862If you find yourself within any of the situations that fall under the jurisdiction of the family law, you will probably need to appear before the district court. The  represent clients in family law legal matters throughout Broward and Palm Beach counties. One of the family law judges will be assigned to your case randomly. The family law usually follows the rule: “one family, one judge”, meaning that all family matters and process phases involving the same parties will be heard and overseen by the same judge. Sometimes, when particular situation requires so, a senior, retired judge can be called to assist during the case procedure. Certain types of cases are sometimes assigned to commissioners or hearing masters.

These judicial officers of the family court are the main and leading people in charge of your case.

6094446During the procedure, you may also come across some other court stuff. When filing the documents you need to provide to the court or seeking for the information about your case, you will see the court clerk in his office. Every family court has one or two clerks working within the courtroom, keeping records and managing all administrative work during the hearings linked here . If anyone involved with a case speaks poor English and needs translation of everything being said in the courtroom, the court provides interpreter who will manage this matter .

The court you will appear in at first is a district court. Further on, you can present your case before the appellate court and the Supreme Court. The appellate court deals only with the possible legal mistakes made by previous court and the supreme court has a power to re-open and re-try the case, if anyone included wants to challenge the decision made by the district court.

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Family law – The overview

Posted by on Jan 17, 2016 in Family law, Divorce | Comments Off on Family law – The overview

The family courts are legal system’s institutions of limited jurisdiction that process different kinds of family law cases. Every person or family facing divorce or separation procedure, planning to claim child custody or adopt a child, having troubles dividing property and incomes after divorce or struggling any similar problem, can refer to their district family court for help.

The work of family courts is guided by local and state laws and every decision of the district family court can be reviewed and modified by the Supreme Court. The appellate court involves if any legal error was made during the process.

Generally speaking, family courts have a lot of similarities with all other types of courts. The specific matters of the family law are what makes them special field of legal system.

30d3d0a9720e79bfda31bc9132a26e8aThe procedure is common. A person files all necessary documents to start a case. The second side involved with the case legally answers to the complaint with so called “answer and counterclaim”. Usually one judge is assigned to one family case and the same person will do all hearing and finally terminate the process. Few months after filing a case, the court set a date for case conference, where all sides included in a case present their claims and stories and discuss the matter continue reading  .
Since many cases considering family problems tend to be emotionally disturbing for everyone included, the court always encourages parties to try to resolve their disputes out of the court. There are many programs and courses out there intended to help people with domestic problems to overcome issues and find some compromise suitable for everyone.
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If reaching any kind of agreement fails, the court will set a trial, hear all sides included and the testimony of their witnesses, review all provided evidence and try to come up with the most equitable and just solution.

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