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Divorce
Divorce, also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce
Divorce
laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of alimony (spousal support), child custody, child visitation / access, parenting time, child support, distribution of property, and division of debt
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Child Abuse
Child abuse
Child abuse
or child maltreatment is physical, sexual, or psychological maltreatment or neglect of a child or children, especially by a parent or other caregiver
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Foster Care
Foster care
Foster care
is a system in which a minor has been placed into a ward, group home, or private home of a state-certified caregiver, referred to as a "foster parent" or with a family member approved by the state. The placement of the child is normally arranged through the government or a social service agency. The institution, group home or foster parent is compensated for expenses unless with a family member.[1] The State, via the family court and child protection services agency, stand in loco parentis to the minor, making all legal decisions while the foster parent is responsible for the day-to-day care of the minor. A little more than a quarter of all foster children are placed in relative care.[2][3] Most kinship care is done informally, without the involvement of a court or public organization. However, in the U.S., formal kinship care is increasingly common
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Convention On The Rights Of The Child
The United Nations
United Nations
Convention on the Rights of the Child
Convention on the Rights of the Child
(commonly abbreviated as the CRC or UNCRC) is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.[4] Nations that ratify this convention are bound to it by international law
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Hague Convention On The International Recovery Of Child Support And Other Forms Of Family Maintenance
The Hague
The Hague
Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, also referred to as the Hague Maintenance Convention is a multilateral treaty governing the enforcement of judicial decisions regarding child support (and other forms of family support) extraterritorially. It is one of a number of conventions in the area of private international law of the Hague Conference on Private International Law in 2007. The convention is open to all states as well as to Regional Economic Integration Organizations as long as they are composed of sovereign states only and have sovereignty in (part of) the content of the convention
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Hague Adoption Convention
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption
Adoption
(or Hague Adoption
Adoption
Convention) is an international convention dealing with international a
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Conflict Of Laws
Conflict of laws or private international law (both terms are used interchangeably)[1] concerns relations across different legal jurisdictions between natural persons, and sometimes also companies, corporations and other legal entities.[2][3]Contents1 Choice of laws 2 Private international law on marriages and legal dissolution of marriages (divorce) 3 Private international law on unmarried persons 4 Contracts 5 Harmonization of laws 6 See also 7 Notes 8 References 9 External linksChoice of laws[edit] Courts faced with a choice of law issue have a two-stage process:the court will apply the law of the forum (lex fori) to all procedural matters (including, self-evidently, the choice of law rules); and it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality (lex patriae) or the law of habitual residence (lex domicilii)
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Children's Rights
Children's rights
Children's rights
are the human rights of children with particular attention to the rights of special protection and care afforded to minors.[1] The 1989 Convention on the Rights
Rights
of the Child (CRC) defines a child as "any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier."[2] Children's rights
Children's rights
includes their right to association with both parents, human identity as well as the basic needs for physical protection, food, universal state-paid education, health care, and criminal laws appropriate for the age and development of the child, equal protection of the child's civil rights, and freedom from discrimination on the basis of the child's race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or other characteristics
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Concubinage
Concubinage
Concubinage
(/kəŋˈkjuːbɪnɪdʒ/) is an interpersonal and sexual relationship in which the couple are not or cannot be married. The inability to marry may be due to multiple factors such as differences in social rank status, an existing marriage, religious or professional prohibitions (for example Roman soldiers), or a lack of recognition by appropriate authorities. The woman in such a relationship is referred to as a concubine (/ˈkɒŋkjəˌbaɪn/), and occasionally so is a man in such a relationship. The prevalence of concubinage and the status of rights and expectations of a concubine have varied among cultures, as have the rights of children of a concubine
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Adoption
Adoption
Adoption
is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents, and, in so doing, permanently transfers all rights and responsibilities, along with filiation, from the biological parent or parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption; where others have tried to achieve adoption through less formal means, notably via contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation
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Custody Evaluation
Custody evaluation (also known as "parenting evaluation") is a legal process, in which a court-appointed mental health expert, evaluates a family and makes a recommendation to the court for custody matters, usually including residential custody, visitation and a parenting plan.[1] When performing the custody evaluation, the evaluator is expected to act in the child's best interests.[2]Contents1 Procedure 2 Custody evaluation vs
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Parenting Coordinator
Parenting coordinator (PC) is a relatively new practice used in some US states to manage ongoing issues in high-conflict child custody and visitation cases by professional psychologist or a lawyer assigned by the Court.[1] There are 10 states as of May 2011 that have passed legislation regarding parenting coordinators: Colorado (since 2005), Idaho (2002), Louisiana (2007), New Hampshire (2009), North Carolina (2005), Oklahoma
Oklahoma
(2001), Oregon (2002), Texas (2005), and Florida (2009)
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Ward (law)
In law, a ward is someone placed under the protection of a legal guardian.[1]Contents1 Overview 2 Canada 3 United States 4 See also 5 ReferencesOverview[edit] The wardship jurisdiction is an ancient jurisdiction derived from the Crown's duty as parens patriae to protect his or her subject, and particularly those unable to look after themselves.[2] In the United Kingdom and other Commonwealth realms, the Queen as parens patriae is mother for all the children in her realms [3]. A court may take responsibility for the legal protection of an individual, usually either a child or incapacitated person, in which case the ward is known as a ward of the court or a ward of the state. However, the House of Lords in the case of Re F (Mental Patient: Sterilisation) held that the Queen has no parens patriae jurisdiction with regard to mentally handicapped adults.[4] In Australia, New Zealand and the United States, the child is termed a ward of the court
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Emancipation Of Minors
Emancipation of minors is a legal mechanism by which a minor is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child.[1] In some cases, emancipation can be granted without due court process when the minor is bound to make a decision alone in the absence of the parents, who might be dead or have abandoned the minor—essentially a divorce from the parents. Parents have a number of legal and equitable duties while bringing up their biological child. Failure to meet these requirements will result in the court taking legal action against the child's parent or parents unless he or she is not their biological child, such as a stepchild adopted informally. Children have expectations from parents but legally they owe nothing to their parents
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Hague Convention On The Civil Aspects Of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law
Hague Conference on Private International Law
(HCCH) that provides an expeditious method to return a child internationally abducted by a parent from one member country to another. The Convention was concluded 25 October 1980 and entered into force between the signatories on 1 December 1983
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Voidable Marriage
A voidable marriage (also called an avoidable marriage) is a marriage which can be canceled at the option of one of the parties. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage. History[edit] The concept of "voidable marriage" arose from the early ecclesiastical courts which had jurisdiction to determine what constituted a valid marriage
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