10 Essential family law terms to know
Understanding family law can feel overwhelming, especially when navigating a case. To help, we have compiled 10 key terms that are essential to know in family court. These terms will provide clarity and empower you as you move through the process.
Application
A proceeding in family court begins when one person brings an application, in which she lists what she is seeking – for instance, custody of the children, child support, and so on.
Best interests of the child test
This is the test used to determine appropriate parenting arrangements for children after the parents separate. Judges must consider such criteria as which parent can offer the child the greatest stability, which parent will maintain contact with the child’s extended family, which parent has the greater ability to meet the child’s needs, the presence of family violence and so on. The wishes of the child will be considered if the child is old enough to communicate with them.
Child support
This is the money that is paid by the parent with whom the children spend less time to the other parent to help with the financial support of the children. It is determined by examining the income of the person who will be paying the support.
Decision-making responsibility
The parent with decision making responsibility makes the significant decisions about the child’s life and well-being, including decisions related to health, education, culture, language, religion and spirituality and significant extra-curricular activities. Decision making responsibility can be given to one parent or shared between the two parents.
Division of property
When married people separate, they must divide up all of their belongings. The law requires that any property they accumulated while they were married be shared equally between them, regardless of who paid for it. If the two people cannot agree on this, they can go to court to get an equalization of net family property. Property includes physical things like houses, cottages, trailers, cars, boats and furniture but also includes pensions, RRSPs and other financial investments. It also includes debts, for which both people are responsible.
Common-law relationships do NOT provide an automatic right to an equal sharing of property. People leave with the property they brought with them, plus whatever they can prove they bought during the relationship. To receive a share of property accumulated over the course of the relationship, the common-law spouse would have to prove to the court that she has made contributions, direct or indirect, to its value.
Matrimonial home
This is the home where the family lived, whether it was owned or rented by them. It can be a house, an apartment, a trailer, a boat – anywhere they lived as a couple. It is possible to apply to the family court for an order for exclusive possession of the matrimonial home. Whichever person is successful in this can then change the locks on the home, and the other person is not allowed on the property. This does not affect the ownership of the home – just who can live there.
Mediation
This is a process in which the separating couple can meet with a third party to try to come to a compromise on issues of disagreement. The mediator cannot force the people to agree to something but can make suggestions and help them work toward a common position.
Motion
Motions are court proceedings brought on interim matters, while the case is moving toward a final trial. They are commonly used in family court to establish interim custody, access and child support arrangements and to obtain restraining orders.
Parenting order
A parenting order sets out parenting time and decision-making responsibility between the parents.
Spousal support
This is support paid by the spouse with the higher income to the other spouse in order to address any financial differences that are the result of the marriage (for example, the woman who stays home for 20 years to raise the children is likely to receive spousal support from her husband if he continued working through those years).
Learn more common family law terms via FamilyCourtAndBeyond.ca.
