15 family law terms you should know
There are common family law terms that it will be helpful for you to know before and as you proceed through your family law case. In this blog, we’re sharing 15 terms we think you should know.
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 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.
Contact order
A contact order sets out the time a child is to spend with someone other than their parents; most commonly grandparents.
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 the 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.
Duty Counsel
Family court duty counsel lawyers provide immediate legal assistance to low-income people who do not have a lawyer. They can give advice about legal rights, obligations and the court process as well as help negotiate and settle issues and review or prepare court documents to be filed. For those who qualify, they may be able to provide same-day representation in the courtroom. They cannot assist with property claims or trial preparation or represent someone at trial.
Family Law Information Centre (FLIC)
These offices in family courts are a centre for information about family law. An advice lawyer and other staff provide basic family law information as well as information about how to start a family court proceeding. These services are free.
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.
Parenting plan
This is the plan made by each parent describing how they intend to parent post-separation. It could include information about proposed access arrangements and proposed communications systems with the other parent as well as more direct parenting ideas.
Parenting time
This describes the time the child spends in the care of each parent, including time that they are not physically with that person (i.e. when attending school).
Settlement conference
Most family law cases involve a settlement conference, when the people, their lawyers and the judge meet outside the courtroom to try to resolve the case or at least some of the issues.
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).
Supervised parenting time
This is the arrangement made for parenting time when it is not appropriate for a parent to be alone with the child. This can be informal (for example, with a family member) or formal (at a supervised access centre).
Learn more common family law terms via FamilyCourtAndBeyond.ca.
