Establishment of Family Court

1 CMC § 3205 — under Commonwealth Superior Court.

1 CMC § 3205

TITLE 1: GOVERNMENT

DIVISION 3: JUDICIAL BRANCH

§ 3205. Establishment of Family Court. There is hereby established within the Commonwealth Superior Court a Family Court which, upon appropriation by the legislature, shall handle family legal matters including, but not limited to, adoption proceedings, child support, divorce, paternity, domestic violence, child abuse cases, delinquency cases, and temporary restraining orders against family members. The Commonwealth Superior Court shall study the requirements for establishing this Family Court and shall, within 90 days after September 13, 1995, report to the legislature the amount of funds necessary for the Family Court’s operations. Source: PL 9-51, § 3, modified. Commission Comment: PL 9-51, the “Family Court Act of 1995,” took effect September 13, 1995. According to PL 9-51, § 2: Section 2. Findings and Purpose. The Legislature finds that the Commonwealth population has been increasing, steadily putting an increasing load of cases onto the Commonwealth Superior Court. The problems encountered by families, the backbone of this Commonwealth, necessitate a unique type of court intervention in which judges need special training and flexibility in order to effectively deal with such important and sensitive matters. The Legislature further finds that a court, when dealing with family issues, must be easily accessible to people who do not have attorneys and must also offer support services to families needing assistance with the court process. Finally, the Legislature recognizes that the Commonwealth Constitution, Article IV, Section 1, vests judicial power of the Commonwealth in a judiciary which “shall include those trial and appeals courts established by the legislature under this article.” It is the purpose of this Act to, pursuant to Article IV, Section 1, establish within the Commonwealth Superior Court a Family Law Court and to require the Commonwealth Superior Court to report to the Legislature the amount of funds necessary to operate the Family Court so that the Legislature can appropriate funds for operations.