Tajikistan takes first steps toward establishment of family courts

DUSHANBE, May 20, 2011, Asia-Plus  — Tajikistan is just taking first steps toward establishment of family courts that should consider issues related to family legal relationships and protection of rights and interests of children, Ms. Nodira Abdulloyeva, a lawyer with the Human Rights Center, said. According to her, transformation of family relations that have been […]

Nargis Hamroboyeva

DUSHANBE, May 20, 2011, Asia-Plus  — Tajikistan is just taking first steps toward establishment of family courts that should consider issues related to family legal relationships and protection of rights and interests of children, Ms. Nodira Abdulloyeva, a lawyer with the Human Rights Center, said.

According to her, transformation of family relations that have been observed in the country in recent years are the reason for establishment of the family courts in the country.  “The number of persons entering into family relationships without official registration has increased and the number of polygamous families has been increasing n the country,” said Abdulloyeva, “The country’s legislation does not take into consideration new forms of family relationships that increases problems of women who are the second or the third wife.  They become unprotected in terms of property division.”

The Human Rights Center notes the number of cases related to family legal relationships is increasing in the country from year to year.

A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children.  In common-law jurisdictions “family courts” are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a superior court.

Family law is an area of the law that deals with family-related issues and domestic relations including: the nature of marriage, civil unions, and domestic partnerships; issues arising throughout marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders.  

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