In many states domestic relations matters are heard in trial courts of general jurisdiction.  For over four decades Delaware has taken a different approach.  In 1971 the Delaware General Assembly enacted legislation creating a unified, statewide family court.  This specialized court exercises jurisdiction over a multitude of family matters.  For example, the Family Court hears cases involving juvenile delinquency, dependent/neglected/abused children, adult misdemeanor crimes against juveniles, child and spousal support, paternity, custody and visitation of children, adoptions, terminations of parental rights, divorces and annulments, property divisions, specific enforcement of separation and property division agreements, guardianship of minors, petitions for orders of protection from abuse, and intra-family misdemeanor crimes.

The Delaware Code describes the purpose behind the creation of this unique court as follows:

In the firm belief that compliance with the law by the individual and preservation of the family as a unit are fundamental to the maintenance of a stable, democratic society, the General Assembly intends by enactment of this chapter that 1 court shall have original statewide civil and criminal jurisdiction over family and child matters and offenses as set forth herein. The court shall endeavor to provide for each person coming under its jurisdiction such control, care, and treatment as will best serve the interests of the public, the family, and the offender, to the end that the home will, if possible, remain unbroken and the family members will recognize and discharge their legal and moral responsibilities to the public and to one another.   10 Del. C. § 902.

As future posts will describe and explore, the specialized nature and jurisdiction of the Family Court results in some similarly unique rules, processes and procedures.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.