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Historically, "Family Courts" have heard both domestic relations matters and juvenile matters. For the most part, this is still true; however, in Jefferson County, there is a specialized division of the Circuit Court called "Domestic Relations."
In general, this Domestic Relations division (or Domestic Relations Court), conducts original trials on all domestic relations matters and no original trials on juvenile matters; the Domestic Relations division does conduct appealed trials (called de novo trials) in cases where there was not an adequate record created in the Family Court. As a "rule of thumb," if the parties are or were married, the case would be heard in Domestic Relations; if the parties were never married, the case would be heard in Family Court.
Recent cases interpreting the Juvenile Justice Act of 2008 (effective January 1, 2009) have held that cases seeking to modify or enforce juvenile court orders (other than orders where a child was previously adjudged to be delinquent, in need of supervision, or dependent) must be brought in the Circuit Court which, in most Counties, means the Domestic Relations docket or the Domestic Relations Court rather than the juvenile court that originally entered the order.
Applying these case decisions and the general nature of domestic relations, Domestic Relations Courts (or dockets), usually have the following cases:
· Proceedings involving Domestic Relations
· Divorces
· Annulments of Marriage
· Legal Separations
· Custody and Support of Children (except those cases where the initial determination is in juvenile court)
· Granting and Enforcement of Alimony
· Proceedings under the uniform interstate support (UIFSA) or custody (UCCJEA) act
· All other domestic and marital matters over which the Circuit Courts have jurisdiction, such as Protection from Abuse (PFA) cases
· Nonsupport cases (arising under Title 30)
· Appeals of juvenile matters where there is not an adequate record to appeal directly to the Alabama Court of Civil Appeals
· Modifications or enforcement of juvenile court custody orders (except where the child was adjudged delinquent, dependent, or in need of supervision)
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