Family legal relations are relations that are governed by family law and appear upon conclusion / dissolution of a marriage, consanguinity, adoption, motherhood, etc. People enter into marriage based on feelings for each other and mutual desire to be together, but not everyone can to carry this feeling through years of living together, which leads to family disputes and disagreements. Family disagreements are the same disputes arising from family relationships. The most common cases that occur in our society are divorce, division of property, and a dispute regarding parenting. For lack of a prenuptial agreement (due to its non-proliferation) governing which of the spouses will get property and children in case of divorce, people are forced to go to court, which considers claims in disputes arising from family relationships.
Family Relationship Features
A special subjective composition. In addition to blood relatives, no one is involved in them, all actions within the family are directed only to its members.
Mostly personal. The basic law of the family is the Family Code of the Russian Federation, which spells out the rights and obligations of family members in relation to each other and spouses when concluding / divorcing.
Family relationships are inalienable and irreversible. A person has the right to renounce his family, not to communicate with relatives, but he will forever remain part of his family by blood.
Relations arise from specific legal facts: marriage, consanguinity, motherhood, adoption, etc.
Family relationships are governed by family law and are conditionally divided into two components.
Personal
These include the choice of surname during registration / divorce, the choice of joint residence, the choice of profession by each of the spouses. Personal family relationships can be fixed by a marriage contract, which must be notarized. Violation of his points by any of the spouses is a reason for divorce.
Property
Here we are talking about property that the spouses jointly acquired while married. The clause on its division is admissible in the marriage contract (to facilitate the divorce procedure), but in any case the property between the spouses will be legally divided in a judicial proceeding.
In the absence of any of these components, the onset of family relations is impossible. Marriage involves cohabitation, life, a common budget and purchases. Otherwise, the court has the right to declare the marriage fictitious and terminate it.
Judicial review
Conventionally, family disputes are divided into three groups, each of which has its own subspecies. The first and most common group: disputes arising from spouses' marriage.
Divorce. Solutions
First: at the mutual desire of the spouses, in the absence of a dispute regarding property and common minor children, the spouses apply to the registry office with the necessary package of documents.
Second: through a magistrate’s court, if there is a minor child whose parents decided on their upbringing among themselves.
Third: in the event of a lack of agreement regarding the common child, the spouses apply to the court of general jurisdiction, which decides with whom the child will live and what role the second parent will play in relation to him.
The court decision comes into force 10 days later, during which one of the former spouses can challenge him. If this does not happen, then the marriage is dissolved (a corresponding certificate is issued), and the marriage relationship ends.
Section of jointly acquired property
A prenuptial agreement that would regulate this issue is not widespread in our country, therefore family law disputes regarding the division of property are resolved in accordance with the Civil and Family codes of the Russian Federation. Cases are considered by a justice of the peace (regardless of the amount of the lawsuit). The amount of the state duty that spouses must pay to consider their case depends on the amount of the claim. The resolution of family disputes regarding property can result in a lengthy process of several months, therefore, when submitting documents, the spouses need to argue why the property should be divided between them that way.
Annulment of marriage
Marriage is invalid if:
The marriage is concluded under pressure or with coercion on the part of one of the spouses, with evidence that one spouse is not able to report on their actions and decisions.
The marriage is fictitious.
Marriage violates the terms of the law on marriageable age (marriageable age is more than 18 years old or marriage from 16 years old with the written consent of the parents, in case of pregnancy, emancipation).
In case of non-dissolution by one of the spouses of the previous marriage.
Close consanguinity of spouses.
Marriage between the adopted and the parent / guardian.
Disability of one (or both) spouse (for example, due to mental illness).
At the time of marriage, one of the spouses was HIV-infected or had a sexually transmitted disease, which was not told to the second spouse.
The second group, which is part of family litigation, is formed from a parent-child relationship.
Collection of alimony
The most common dispute in this group is the recovery of alimony. Alimony is charged from parents for the maintenance of a minor child and from an adult able-bodied child for the maintenance of disabled parents. The amount of alimony is established by the court by allocating part of the payer's income to pay them. This type of trial has no statute of limitations, but you can recover child support for the past period in no more than three years.
Deprivation of parental rights
The most difficult litigation (regarding evidence and emotional background) is the deprivation of parental rights. The grounds for the Family Code of the Russian Federation, according to which the parent may lose the rights to the child:
The parent does not fulfill his duties regarding his child, provided for by the Constitution of the Russian Federation and the Family Code of the Russian Federation.
Methodical non-payment of alimony.
Cruel education and treatment of children.
Chronic alcoholism
Leaving a child in danger (including leaving him in a maternity hospital or any child care facility).
Intentional crime against a spouse or child (threat to life and health).
Recovery of parental rights
The reverse and no less complicated procedure is restoration of parental rights. The parent, once deprived of the rights to the child, has corrected and changed his life for the better, now he is free to file a lawsuit to return his parental rights to the baby. The application is considered by the court, guardianship authorities and the prosecutor. It is impossible to restore parental rights when the child is adopted, but the adoptive parents did not refuse him.
Establishment of paternity
Paternity is established in a judicial proceeding. The lawsuit is filed by any of the parents of the child, his guardian or trustee. If the child is an adult, then this procedure is possible only with his consent.
When the spouse doubts his paternity (or knows for sure that the child is not his), he files a lawsuit to challenge paternity in order to avoid paying child support in case of a divorce.
Another situation is a broken “civil marriage” when the child’s parents are not painted. The mother must provide the court with evidence of paternity, the results of a genetic examination in order to oblige the man to pay child support.
Parental Restriction
If parents pose a danger to their child (for example, have a serious chronic illness, are mentally unbalanced, etc.), the guardianship and guardianship authorities are required to file a lawsuit in which a decision will be made on restricting parental rights or removing the child from the parents. If the situation remains unchanged, six months later, the guardianship authorities file a lawsuit to completely deprive the parental rights.
In the category of “family disputes”, the phenomenon is common when, after divorcing and leaving the child with one of the parents, the former spouses cannot agree on what part the parent who does not live with him will take part in raising the child. In this case, the case is considered by the court and makes a decision, which indicates how and in what order the second parent communicates with the child.
Adoption
The following court case excludes the form of “family law disputes”, because it is not a pure dispute. Issues of adoption are decided by the court in a statement of claim, to which the adoptive parents attach a package of documents. On the basis of them, the court makes a decision on refusal or satisfaction in adoption.
The third, not as extensive category as the previous two, includes the following marital-family disputes:
- Cases of permission / prohibition of communication with a child of his grandparents.
- Cases of collecting alimony from grandparents, grandchildren, brothers / sisters, etc.
These court proceedings are not particularly popular and, as a rule, are successful, therefore they are rare in judicial practice.
All family disputes, the types of which are described above, require the intervention and supervision of professionals. Therefore, when applying to the court, first of all, find a qualified lawyer who will help to correctly execute and submit all documents.
Family disputes are not the only way out
Of course, ideally, it is best to resolve conflicts that arise in the family peacefully, without breaking the full-fledged cell of society. Divorce on the basis of family disputes rarely goes smoothly, because both spouses have claims to each other about children and property, which greatly complicates the process. It makes it difficult not only in legal terms, but also emotionally: common children and their spouses suffer and get nervous.
Even in the event of a divorce, division of property, etc., try to be more tolerant, however unpleasant and unwanted this process is. Then, perhaps, family disputes will still be forgotten, and the family will survive. If reconciliation is categorically impossible, be calm, do not be nervous because of the lost time. Is divorce a way to a new, better life?