Many of us are accustomed to observing that at work or in the business world, disagreements are brought to the public eye. The family sphere is a completely different matter. Close people do their best to resolve all conflicts within their small world, as they say, "not taking dirty trash out of the hut."
However, more and more often one has to deal with such a concept as family disputes. Alas, to resolve them within the existing cell of society exclusively by its own forces and efforts is far from always obtained. Therefore, sometimes in some cases it is necessary to resort to legal assistance or even go to court.
What are family disputes: a general concept and definition
From the name itself, one can easily understand from what relations disagreements arise that are transferred to the legal plane. Defining what a family dispute is, it must be taken into account that this is a separate category of civil cases. They are based on disagreements between relatives (including former) on those occasions that could entail serious consequences and changes in the lives of participants in family legal relationships. Legislation is enshrined and regulated both in the Family Code of the Russian Federation and in the Civil Code.
These situations occur, as a rule, due to deterioration / disruption of relations within the family (between wife and husband, children and parents, former spouses, other relatives - grandmothers and grandchildren) or failure to fulfill maintenance / property obligations.
Thus identify family disputes it is possible more simply and more clearly than disagreements arising from family legal relations.
Parties and participants in this category of disputes
Such conflicts involve at least two parties. And both of them should be members of the same family, even if they were former. Thus, if one of the parties does not have to be a relative (actual or legal, for example, in custody) of the other, then in no case can we talk about a family dispute.
Who are the subjects of such cases:
- The most common litigation between husband and wife.
- There is also a need to resolve the case of parents and children.
- Relationships have to be settled between other relatives (grandchildren and grandmothers, brothers and sisters, etc.).
Conditional division into categories
Each specific case, of course, requires an individual approach to its consideration and resolution. But for a better understanding of the nature and causes of disputes from family relationships should be conditionally divided into categories:
- Disputes that arise as a result of disagreements between spouses.
- Cases related to relationships between children and parents.
- Civil disputes affecting the interests of other relatives.
Each of the species should be considered in more detail.
First category
The largest percentage of all family litigation proceedings in practice occurs due to problems and shortcomings between husbands and wives.
Spouses' marriage is a delicate and delicate matter. It affects not only interpersonal conflicts, but also property claims. This category of civil disputes includes divorce (without the consent of one of the spouses, if there are minor children), recognition of a marriage as fictitious / invalid, division of spouses' property, including questions regarding their debts, disputes in accordance with marriage contracts and the like family disputes.
Second category
Also, a large number of family disputes in court are considered in connection with the legal relations of parents and children. It is not entirely correct to reduce all such civil cases only to the claims of the parent to the child or the child to his parent. This also includes such proceedings that occur between parents in the interests of their children.
Therefore, the category of such disputes includes: establishing or contesting paternity / motherhood, cases of collecting child support payments (maintenance of minor children, former spouse or parents of a person who was legally obliged to pay child support), establishing the order, mode and time of communication with children , as well as the place of residence of the child who involuntarily became a party to the family dispute, restriction or complete deprivation of the parental rights of one of the parents, restoration of the rights of parents, as well as the process synovleniya and adoption.
Third category
Other lawsuits in disputes arising from family relations are related to claims and claims of other groups of relatives.
This may include disputes related to determining the order of communication with grandchildren of grandparents, collecting child support from them, from grandchildren, brothers and sisters, etc.
As a percentage of such cases, much less is referred to court, compared with the first and second categories of disputes. But they are not resolved easier, if not to say that it is more difficult. After all, the farther the blood relatives are, the colder the relationship and the more difficult it is to come to a common denominator.
Most frequent recourse to lawyers: divorce disputes
Particularly noteworthy is the family dispute that arises in connection with the divorce of the spouses. It is important to consider several points:
- Firstly, this action on the part of the spouses / one of the spouses, as a rule, entails consequences not only in material terms, but also in moral. Often a hateful divorce petition is a rash act. Therefore, the court should very carefully consider in particular the psycho-emotional state of the spouses. Perhaps you need to give them time to calm down and still weigh.
- Secondly, the consequences of divorce affect children. Often after, claims arise to the spouse about non-payment of alimony or that one of the parents is not allowed to see the child.
- Thirdly, the material aspect plays in the modern world during divorce one of the dominant roles. The division of property accumulated over the years is very difficult. Therefore, before marriage, many couples now draw up prenuptial contracts so that in the event of a divorce they should not even worry about property.
Child involvement in divorce disputes
Many families raise a minor child, so when divorcing a court is mandatory:
- When the spouses independently agreed on with whom the children remain, as well as in all other nuances (the child’s residence, communication order, maintenance, etc.), the civil case is considered in a magistrate’s court;
- If adults have not come to an agreement, the case goes to a court of general jurisdiction.
In any case, it is worthwhile for the divorce proceedings to consult with a lawyer, because sometimes unpleasant surprises can be expected from a becoming spouse.
Recommendations: pre-trial settlement
It must be understood that any family dispute is the result of extremely heated relations between relatives that have become extremely heated. It is advisable not to bring the matter to court, but to try to agree.
Pre-trial settlement is an important step in the event of disagreement between relatives. After all, close people should try to resolve the matter with the world. The main goal here is that the conflicting parties exhaust all contradictions and as a result sign a mutual agreement that would satisfy everyone.
It is best to find a pick.This is usually a family lawyer who mediates between the parties. With the help of a competent approach and knowledge of the intricacies of family law, disputes end with the conclusion of an agreement (for example, on the payment of alimony or the division of jointly acquired property).
The psychological aspect of family disputes
When the interests of minors are affected in such cases, turning to a psychologist for granted. It is difficult for a child to be between the positions of parents as between two fires. It happens that because of disagreements between father and mother, grandparents are forbidden to see each other. Or, a child becomes, in the literal sense of the word, a "bargaining chip" in the affairs of former spouses. For example, a wife agrees to let her communicate with the children only on condition that the spouse leaves her car during a divorce.
In addition to legal advice, adults may also need to undergo psychological counseling. After all, after him, many family disputes are resolved peacefully from a “win-win” position for both sides.
It is difficult to adequately resolve the dispute due to getting into a similar situation. Resentment, stress, uncertainty in the future may become an obstacle to the proper resolution of the conflict. Many parents are thoughtlessly guided solely by their personal interests, forgetting what it will be like for children. Therefore, in addition to contacting a psychologist, it is best to undergo a legal consultation with a lawyer specifically on family matters. In such a tandem, specialists will be able to find a truly competent solution from a moral point of view.
Going to court
In the event of a lack of agreement in the pre-trial procedure, you will have to go directly to the court. For this, it will be necessary to draw up a legally competent lawsuit. Family disputes and their resolution in court can take place with the participation of representatives (lawyers) of one or both parties. Moreover, the lawyer can both fully engage in the support of the case, and only participate in the hearing.
One of the legal nuances is that the parties can simultaneously make claims to each other. Material claims - upon division of property or collection of alimony. Intangible claims are those related to the exercise of the personal rights of close relatives (for example, the right to participate in the upbringing of your children or grandchildren).
Lawyers involved in family disputes may be required, in addition to the statement of claim, to also prepare a counterclaim or objection (recall) to the statement of claim of the other party.
It must be borne in mind that legal assistance will require certain financial costs. The more complicated the matter, the more documentation you need to prepare, the more meetings, the higher the payment for a lawyer.
Judges considering family disputes should also be guided by the principles of the most painless conflict resolution for all parties. The priority place when considering such claims is always occupied by the interests of minors.