Legal facts and glossary

As you move forward with the legal process, there may be many aspects which seem unfamiliar or confusing. The following information outlines and defines some of the key language used in the family court system. If you are ever unsure of what a term means or have questions about how your case is proceeding, discuss the matter with your solicitor.

• Applicant
• CAFCASS
• Conciliation Appointment
• Contact Order
• Guardian
• Injunction
• Legal Aid
• Non-molestation order
• Ouster
• Parenting Plan
• Parental Responsibility • Prohibited Steps Order
• Residence order
• Section eight order
• Shared residence orders
• Specific issue order
• The welfare checklist

Applicant

A person who starts legal proceedings or makes an application for separation or divorce. This person then becomes �a party� to the proceedings. Where the application is a petition for divorce, s/he is referred to as the �Petitioner�. Once papers are sent to the other parent and their lawyer, they are referred to as the �Respondent� [to the application].

CAFCASS, (Also known as Children and Family Court Advisory and Support Service.) When the court requires additional information, this independent government organisation assigns a court welfare officer also known as a CAFCASS Reporting Officer to investigate and report on the children, their wishes and feelings and the ability of the various adults to provide for them. This report will go to the judge and will generally have a significant impact on the final order. Conciliation Appointment When an application for a contact order has been made, many courts set up an informal appointment with the Judge. The Judge cannot impose orders at this hearing but can try to help parents reach agreement. In some cases, the Judge may be accompanied by a CAFCASS reporting officer or in some courts, a mediator. Contact Order Formerly referred to as �access�, �contact� means the time that the non-resident parent (the parent who does not have children living with them most of the time) will spend with children. Occasionally a contact order may apply to other significant adults in a child�s life such as grandparents. It can also include specific guidelines of how other forms of communicating (for example, letters, email, telephone calls etc.) will take place. In most cases, courts prefer not to define these arrangements too closely. Guardian Usually refers to a person who has been appointed to care for a child in the event that in situations where both parents have died. This assignment of responsibility can happen through a parent�s will or by court order. Injunction An order issued by a court that orders a party to do a certain act or prevents them from doing a certain act. For example, a restraining order (a form of injunction) may be issued to stop one person from contacting another. During a divorce, if a party has threatened to remove marital property, or has threatened to kidnap their child, a court might prohibit the party from touching any marital property or removing the child from the country. Legal Aid Also known as �public funding�, this is state assistance with legal costs, available only to those on benefits or a very low income. Non-molestation order Refers to the court order prohibiting (usually) most forms of conduct that could in any way harass or pester the applicant or a child. Ouster An order forcing a person out of possession or occupancy of property to which she or he is entitled. Parenting Plan A framework agreement prepared by parents to deal with the day- to-day care and needs of children (for example who takes the children swimming, who buys the school uniform, who deals with pocket money and so on). Parental Responsibility All the rights, duties, powers, responsibilities and authority that go with being a parent. It means that you have a duty to care for and protect a child and that you have a right to make decisions regarding that child's future, such as choosing his or her school. It does not mean you have to pay maintenance - child support and parental responsibility are not connected in any way. It is also not connected to any right you have about contact with the child, or to have him or her live with you. Mothers have parental responsibility automatically, as do married fathers (whether married to the child�s mother before or after the child�s birth). Unmarried fathers have parental responsibility if they have been named on the child�s birth certificate as the father since 1 December 2003 (this has nothing to do with what surname the child has been given). If the child was born before 1 December 2003 an unmarried father will have to have a court order or permission from the mother to have parental responsibility. Prohibited Steps Order Restricts parents from taking certain actions in relation to their child/children, (for example removing a child or children from the UK or from the care of a certain person). Residence order Formerly referred to as �custody�, this outlines arrangements about where a child should live primarily. Section eight order This is lawyers� short-hand. It refers to all the main orders that the court is able to make under the 1989 Children Act. These include: residence orders, settling where a child lives; contact orders, dealing with the child�s right to contact; prohibited steps orders that restrict parental responsibility; and specific issue orders that decide a specific dispute. Occasionally applications are made to the court asking for all possible orders. Shared residence orders Becoming more common, this type of order is used when a child has a home with each parent. It usually also provides guidelines for how that type of arrangement will work. Specific issue order When parents are unable to come to mutual agreement about certain parenting issues this type of order is used to provide direction and resolve matters (for example, where s/he should go to school).When appropriate the court may also assign certain responsibilities to one parent. The welfare checklist A list of factors that a court has to consider before making decisions related to a child. The court will always consider the best interests of the child first and foremost. If necessary the court can initiate proceedings of its own volition and can make any order under Section Eight that it considers necessary to protect a child�s best interests.

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