Attending Family Court can be a stressful and scary prospect. We have composed some legal words to help you understand the process better. Here is our A-Z of Family Law terms explained.
Family Law Terms Explained
Adjournment
A decision made by the family court to hold the court hearing at another time. This could be because things are not ready or people need more time to do something.
Adoption Order
A type of order made by the family court which transfers parental responsibility to new, adoptive parents. This means that a child or young person is no longer legally the child of their birth parents. It allows them to start a new family.
Applicant
The person who made the application to court.
Application
This is how a person asks the family court to consider something normally regarding contact.
Barrister
A legally trained person who advises people going through the family court and speaks for them in court hearings.
Bundle
A folder of documents containing the applications, statements and reports. These are documents used within the court proceedings.
C100 form
This is the form used to apply to the courts for a contact or child arrangements order.
Child abduction
One parent removes the child from the Courts jurisdiction without the other parent’s consent or knowledge.
Cafcass worker
The Cafcass worker is sometimes called practitioner or officer. Depending on what the family court has ordered Cafcass to do. Sometimes referred to as a family court adviser or a children’s guardian.
A Cafcass officer is independent from social services and acts in the best interest of the children being their voice. Courts will often use reports completed by Cafcass officers during proceedings.
Care order
It is an order made by the family court when the local authority can prove lack of care. Typically, if a child or young person in their area is not receiving proper care. A Care order allows the local authority to share Parental Responsibility of the child/ren
Care and Supervision (section 31) application duration
Average duration of all Care and Supervision (section 31) applications completed in defined period. The duration is the number of calendar weeks between receiving the application and the completion. The court uses the closure date when the application does not have a completion date on Cafcass’ system.
Case Management Conference
This hearing involves discussing the major issues concerning a child or young person. The judge sets out how the child’s case in the family court is going to proceed.
Child Contact Intervention (CCI)
CCIs are short-term interventions of supervised contact. Designed to help adults and children establish safe and beneficial contact when this is difficult to do on their own.
Child contact centre
This is a safe place where children and young people can see a parent who they do not live with. Usually, this allows for direct contact, supervised contact or supported contact.
Child arrangements order
A court may decide on where a child might live. This happens when people can’t agree on where a child might live or who they should see.The judge will look at what is best for the child or young person. They’ll then make a decision setting out what people must do.
Children Act 1989
The Children Act 1989 is a UK law that aims to protect and promote the welfare of children. It gives duties and powers to local authorities, courts, parents, and other agencies. These are individuals who are working together to support children and their families.
Children and Family Court Advisory and Support Service (Cafcass)
This is an organisation which works with children and young people and their families They then advise the family court on what it considers to be in the best interests of each child.
Children’s guardian
Sometimes when the problems within a family are really difficult there are special measures taken. The family court will ask for a children’s guardian to help them. The children’s guardian is an independent person to take care of the child or young person.
They are there to keep the court focused on what is best for the child or young person. They will also appoint a solicitor to act for the young person in court.
Consent order
Made by the court where all parties in the child’s case have agreed to what it says.
Decree Absolute
This decree ends the marriage and is the final stage of divorce.
Decree Nisi
A Provisional decree of divorce given by the court. This happens when the legal and procedural requirements for divorce met by the applicant. This does not end the marriage.
Direct contact
When a child or young person spends time with someone that they do not live with.
Divorce
A legal separation between 2 spouses that ends a marriage.
Domestic Abuse Perpetrator Programme (DAPP)
A structured course that aims to help people who have been abusive towards their partners or ex-partners. It’s there to change their behaviour and develop respectful, non-abusive relationships.
Evidence
Documents used within Court proceedings that parties rely upon to prove their case.
Expert reports
A study written by one or more authorities that states findings and offers opinions. In law, expert witnesses generate reports. They offer their opinions on the parties in the proceedings such as medical consultants.
Family assistance order
An order which the family court can make to provide short term (usually six months) support. This is for a family who agrees to it. This can be from a Cafcass worker or a social worker from the local authority.
Family court
This is where the court makes important decisions about children. As well as young people and their families. It is different to criminal courts where people go when they might have done something wrong.
Judges or magistrates make decisions in family court. Happening when people can’t agree about what is best for a child or young person.
Family Court Adviser (FCA)
Sometimes the family court may ask an FCA to meet with a child or young people. They then talk about their wishes and feelings and to make sure the family court hears what they have to say. The FCA also gives their view to the court about what is best for the child. FCAs do not need to meet all children and young people because sometimes families can agree themselves on what is best.
Family Group Conference
All of the important people in a child’s life get together to check that they are safe. It means that everyone knows what is happening and keeps them safe.
Family Law
An area of law that specifically deals with family disputes between spouses, parents, grandparents etc.
Final order
This is the last order made by the family court. The court expects all the people named in the order to keep to it. As well as to do as it says and can punish adults if they don’t.
Form E
A court form that collects financial information for evidence used within financial proceedings.
Foster carer
People who give a home to children and young people who need a safe place to live. They may have children of their own, or other foster children living with them. In which case you would all live in the same house together.
Finding of Fact
A special hearing where parties and witnesses give evidence and are cross examined on their evidence. The judge will decide which parties’ evidence is more credible and form a judgement based on their findings.
Guardian
A professional the court appoints to represent the child/ren best interest in the proceedings.
Guardian’s report
The family court will ask the children’s guardian to write a report. This is to help the court make decisions about a child or young person.
The report will include information on their wishes and feelings. As well as a recommendation from the children’s guardian on what they think is best for the child. The report will also include information from the other people involved. This can include such people as the parents and any other individuals such as experts.
Hearing
A hearing is a proceeding before a court.
Independent Reviewing Officer (IRO)
IROs help to make the best decisions for children the local authority cares for. Their focus is to ensure the care planning process for each child or young person meets their needs. They also ensure local authorities consider his/her current wishes and feelings.
Indirect contact
A child or young person can use forms of contact such as letters, cards or gifts to communicate with a parent. This only happens when the court considers it is safe and beneficial for them to do so.
Independent social worker (ISW)
A qualified social worker who the local authority doesn’t directly employ to work with the children. The court instruct an ISW to complete a parenting assessment to form an independent review.
Interim care order
This means that the local authority makes decisions about a child rather than their own parents. This happens for the short term, before the family court makes a final order. The child will get a social worker to make the decisions day to day.
Issues Resolution Hearing (IRH)
This is a special hearing to make decisions on what issues the family court should address. They will hear arguments about which is a true version of events.
Judge
Sometimes families have problems which they might find too hard to sort out by themselves. A judge works in a family court and listens to both sides and experts. They then decide what is best for the child or young person involved in the case. They have the final say and will make the decision about that child or young person’s life.
Judgement
When the judge gives his findings/views of the case. This can be either a verbal judgement or a written judgement.
King’s Counsel
KCs are barristers or solicitors who have been able to evidence the highest courtroom skills. It is an award for excellence in advocacy
Legal Adviser
A legally qualified person who helps magistrates in the family court apply the law. They do not play any part in the decision-making process but are there to advise.
Litigants in person
A party in a case who is representing themselves in court. This can happen when someone cannot afford legal representation or if someone does not wish to have legal representation.
Local authority (also known as children’s social care or social services)
This organisation is responsible for making sure all children and young people are safe in their local area. They do this through people who care for them.
Magistrate
This person is a member of the community who volunteers to make decisions that affect families, children and young people. They are similar to a judge but are not legally qualified. They are legal advisers who give advice on the law.
Mediation
When people can’t agree, they go to another person to help them sort it out (a mediator). The mediator talks to everyone and tries to help them find an outcome that they are all happy with. This might mean that they don’t have to go to the family court.
Maintenance
When one party makes a financial contribution to the other party’s cost of living. This can be either spousal maintenance or child maintenance.
Non-molestation order
This is a type of order the family court uses to keep adults, children and young people safe. Typically from someone who has been abusive toward them.
Order
A legal being document that has legal implications if breached.
Parental responsibility
Parental responsibility means all the rights, duties, and responsibilities that a parent has to a child or young person. A person or the people with parental responsibility can make decisions about a child. This can be things such as who they will live with and what school they will attend.
Placement order
An order which allows the local authority to place a child with suitable adopters. They must follow care proceedings (even if the parents do not agree).
Planning Together for Children
A course which promotes cooperative parenting. It supports parents to think about the needs of their children first. Happening when they are working out how they can parent together when they are separating and/or they are living apart.
Pre-proceedings
The work the local authority performs prior to making a decision for a care application.
Private law
Private individuals bring these cases to family court. Generally in connection with divorce or parents’ separation. The family court may make a child arrangements order. As well as prohibited steps order or a specific issue order or no order at all.
Prohibited steps order
The family court can prevent a parent from doing something the other parent does not want them to do. The most common type is where one parent prevents the other from moving abroad with the child or young person.
Parties in Proceedings
The people named in the application such as the Applicant or Respondent.
Public law
Local authorities bring public law cases to the family court. These happen when the court believes there is a lack of care and safety to a young person. The family court may make a care order, a supervision order, or no order at all.
Queen’s Counsel
QCs are barristers or solicitors who have been able to evidence the highest courtroom skills. It is an award for excellence in advocacy
Relinquished babies and children
Term used to describe where parents feel that adoption may be the best option for their child. Providing a permanent safe future for their child (the child is ‘relinquished’).
Rule 16.4 cases
These are particularly difficult or complicated family court cases. Where the judge decides to make the child a party to the case. Happening under rule 16.4 of the Family Procedure Rules 2010. A Cafcass guardian represents the child in the case.
Safeguarding letter
This is a letter that a Cafcass worker will write and send to the family court. They will speak to the parties (usually the parents) and ask about the child or young person’s safety. As well as any worries that they might have.
Schedule of finding
Sometimes known as a Scott Schedule as a document with a list of allegations that the perpetuation accepts or denies. The judge will use the schedule of finding during a fact finding hearing. They will do this to determine if the allegations are true or false.
Section 37 report
The family court orders a local authority to produce this report. They do this because of a concern about a child or young person and to ensure they are safe. It will involve a social worker usually visiting the child and ensuring everything is okay at home.
Section 7 report
The family court orders this report and makes either Cafcass or the local authority investigate all the circumstances of the family. Often including the wishes and feelings of a child or young person, and send a report to the court.
Section 16A risk assessment
A duty held by Cafcass officers to undertake a risk assessment. This happens whenever they have cause to suspect that the child concerned is at risk of harm.
Social worker
These specially trained people help to make sure children and young people are safe and properly looked after. They will work with families to help make it possible for children to stay safely with them. If the family court decides that it is not possible, they’ll ensure there is somewhere else that is safe for the child.
Solicitor
A legally trained person who provides advice to people going through the family court and can speak for them in court.
Special guardianship order
This family court order allows another person to become a child’s ‘special guardian’. It is for children who cannot live with their birth parents and gives parental responsibility to the special guardian. They do this so that they can make decisions alone about the child’s life.
Specific issue order
This order is made by the family court when they need to resolve an important issue. But, parents can’t agree on it. For example, which school a child should go to.
Supervised contact
This is a type of direct contact which requires a supervisor. This is to make sure that the child is safe with the other person. Sometimes happening in a contact centre.
Supervision order
A supervision order makes the local authority take responsibility for advising, assisting and befriending a young person. This is to ensure that the child or young person remains safe in the care of their parents.
Supported contact
This is direct contact whereby a child contact centre worker gives some support to the adults. This is so that they can meet the needs of their child.
Together and apart assessment
An assessment completed by a social worker in care proceedings. It is to assess if a sibling group should remain together or should separate.
Undertakings
A promise given by one party to the Court relating to an obligation to the other party in proceedings. Such as undertaking not to act in a certain way. Undertakings are a legally binding promise.
Viability assessment
An assessment completed of potential carers normally a family member. Done for a child to ascertain if they meet the basic standards to safely care for the child.
Witness
A party who is giving evidence in court regarding the proceedings. This could be a professional such as a police officer, social worker or a family member.
