Glossary
Find definitions for common terms in family proceedings.
A
Adoption
To take another person’s child into your own family and legally raise him or her as your own child.
Adoption Order
An order giving parental responsibility for a child to adopters made on their application to the court. The order extinguishes the parental responsibility which any person had for the child immediately before the making of the order.
Advocate
A barrister or a solicitor representing a party in a hearing before a court.
Allocation Hearing
First hearing in care proceedings.
Ancillary Relief
Additional claims arising out of a divorce, judicial separation or nullity petition, most commonly for financial provision.
Appeal
Application to a higher court for review of a decision of a lower court.
Arranged Marriage
A marriage in which the parents choose who their son or daughter will marry.
B
Barrister
A member of the bar: the branch of the legal profession which has rights of audience before all courts.
C
CAFCASS
Children and Family Court Advisory and Support Services. Government agency which looks after the interests of children involved in family proceedings. It works with children and their families, and then advises the courts on what it considers to be in the children’s best interests. CAFCASS only works in the family courts.
Care Order
An order placing a child in the care of a designated local authority.
Care Plan
In an application for a care order, the local authority must provide basic information to the court and to the parties about case management and long-term planning. The court cannot make a final care order unless it has considered a care plan.
Case Management Conference
A hearing in care proceedings to consider what directions are necessary to ensure that a fair hearing takes place and to timetable proceedings to ensure that the final hearing takes place in good time.
Child
A person under the age of eighteen.
Child Abduction
The unauthorised removal of a child from the care of the person with whom he normally lives.
Child Assessment Order
An order permitting the applicant, usually a local authority, to carry out an assessment of a child’s health and development or of the way in which the child has been treated.
Child Protection Conference
A multi-disciplinary meeting to discuss the case of a particular child, convened at the request of a local authority, or any other agency involved, but chaired by a local authority officer.
Child Protection Plan
An inter-agency plan to protect a child once the child has been found to be at continuing risk of significant harm at a Child Protection Conference.
Child Protection Register
A central register kept by a local authority listing all the children in its area who are judged to be at continuing risk of significant harm and for whom there is a child protection plan.
Child Support Agency (CSA)
A government agency responsible for the calculation, collection and payment of child support maintenance.
Children’s Guardian
A person who acts for a child who is subject to specified public law proceedings, usually care proceedings.
Circuit Judge
A judge who sits in the county court and/or Crown Court.
Clean Break
In ancillary relief proceedings, the court has a duty to consider whether it would be appropriate for the financial obligations of each party towards the other to be terminated as soon as the court considers just and reasonable.
Committal to Prison
Sending a person to prison for breaching a court order.
Conciliation
A structured process in which parties to a dispute meet voluntarily with one or more impartial third parties who help them explore the possibilities of reaching agreement.
Conciliation Appointment
A hearing at which the court and a CAFCASS officer will consider the case and attempt to assist the parties to reach an agreement.
Contact Centre
A supervised venue that exists to support and promote contact between parents, grandparents, guardians and children that do not live together.
Contact Order
An order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order.
Core Assessment
An in-depth assessment carried out by a local authority to assess the needs of a child and the capacity of their caregivers to respond appropriately to those needs.
County Court
A court dealing with civil matters which can hear family cases, usually by District Judges and/or Circuit Judges.
D
Decree Absolute
The final certificate for divorce dissolving a marriage.
Decree Nisi
Order for divorce unless cause to the contrary is shown within a set period. This is not a final certificate of divorce.
District Judge
A judge who sits in the county court.
District Judge (Magistrates' Court)
A judge who sits in the Magistrates' Court.
Divorce
Dissolution of marriage.
DNA Testing
Scientific testing usually used to determine paternity and maternity of a child.
Domicile
The place where a person lives.
E
Emergency Protection Order (EPO)
An urgent order allowing an authorised person, usually the local authority, to remove a child into accommodation or prevent their removal from hospital or another place where there is a risk of significant harm.
Emotional Abuse
A form of ill-treatment of a child. No precise legal definition.
Expert
A specialist with a high level of knowledge or skill who is instructed to give evidence or prepare reports for the court.
F
Family Assistance Order
An order requiring an officer of a local authority or CAFCASS to advise, assist and, where appropriate, befriend any person named in the order.
Family Centre
A centre, usually provided by a local authority, where a child and family may attend for activities, advice, guidance, counselling or accommodation.
Family Proceedings Court
A magistrates' court dealing with family cases.
Final Hearing
The hearing at which the court makes a final determination regarding the applications before it.
Financial Dispute Resolution Hearing
A hearing in ancillary relief proceedings where the court assists parties in negotiation and settlement discussions.
First Directions Appointment
The first hearing in ancillary relief proceedings, intended to identify issues, save costs, make directions and, where possible, encourage settlement.
Forced Marriage
Forcing or attempting to force another person into marriage without their free and full consent.
Form E
An obligatory sworn financial statement filed in ancillary relief proceedings, setting out financial circumstances and the orders sought.
Foster Parent
A person who cares for a child, usually temporarily, without being the child's legal parent.
Freezing Injunction
An order preventing or setting aside the disposal or transfer of property or assets.
H
Hague Convention
An international convention designed to enforce custody rights and prevent the wrongful removal of children between participating countries.
Harm
Under the Children Act 1989, harm includes ill-treatment or impairment of health or development, including harm caused by witnessing the ill-treatment of another person.
High Court
A senior civil court consisting of the King's Bench Division, Family Division and Chancery Division.
I
Ill-treatment
To treat someone badly. Under the Children Act 1989 this includes sexual abuse and forms of ill-treatment which are not physical.
Inherent Jurisdiction of the High Court
The general jurisdiction of the High Court which is broadly unrestricted and unlimited in matters of law, allowing it to make almost any order unless expressly prevented by statute.
Injunction
An official order given by a court, usually to stop someone from doing something.
Interim Care Order
A temporary care order, usually lasting 28 days but renewable, made before the final hearing in care proceedings.
Interim Supervision Order
A temporary supervision order, usually lasting 28 days but renewable, made before the final hearing in care proceedings.
J
Judicial Separation
The court's approval of a formal separation between spouses without dissolving the marriage.
L
Local Authority
The body responsible for governing a local area, such as a county, borough or metropolitan district.
Looked After Child
Under the Children Act 1989, a child who is in the care of a local authority or provided with accommodation by a local authority.
Lump Sum Order
In ancillary relief proceedings, an order requiring one party to pay the other a fixed sum of money, either in a single payment or by instalments.
M
Maintenance Pending Suit
In ancillary relief proceedings, interim periodical payments which may be ordered before the conclusion of proceedings.
Matrimonial Home
The principal home in which the parties to a marriage reside or have resided.
Mediation
A process where an independent person helps people involved in a disagreement reach an agreement or resolve a dispute.
N
Neglect
Failing to give sufficient care or attention to a child.
No Order Principle
Under Section 1 of the Children Act 1989, the court must not make an order unless doing so would be better for the child than making no order at all.
Non-Molestation Order
An order under the Family Law Act 1996 prohibiting a person from harassing, threatening, intimidating, pestering or using violence against another person.
Nullity
A declaration that a marriage is void or voidable under the Matrimonial Causes Act 1973 on specified legal grounds.
O
Occupation Order
An order under the Family Law Act 1996 regulating occupation of a home. It may allow a person back into a property or exclude a person from a property and its surrounding area.
Official Solicitor
A government agency which represents minors, adults lacking capacity and others in court proceedings where appropriate. It may also act as a trustee or personal representative of an estate.
P
Paediatrician
A doctor who has special training in the medical care of children.
Paramountcy Principle
Under Section 1 of the Children Act 1989, when a court determines the upbringing of a child or the administration of a child’s property, the child’s welfare is the court’s paramount consideration.
Parental Responsibility
Under Section 3 of the Children Act 1989, all the rights, duties, powers, responsibilities and authority that a parent has in relation to a child and the child's property.
Pension
A sum of money paid regularly by the government or a private company to a person who has retired or is unable to work due to age or ill health.
Pension Earmarking
An order in divorce or nullity proceedings allowing part of one party’s pension benefits to be paid to the other party.
Pension Sharing Order
An order in divorce or nullity proceedings allowing a percentage of one party’s pension rights to be transferred to the other party, effectively splitting the pension.
Periodical Payments Order
In ancillary relief proceedings, an order requiring one party to make regular payments to the other party for a specified period.
Petition
A formal method of commencing proceedings in which the order sought is stated within the application.
Physical Abuse
A form of ill-treatment of a child. There is no precise legal definition.
Placement Order
An order authorising a local authority to place a child for adoption with prospective adopters chosen by the authority.
Police Protection Order (PPO)
Under Section 46 of the Children Act 1989, police may remove a child to suitable accommodation or prevent their removal from a place of safety if there is reasonable cause to believe the child is at risk of significant harm.
Power of Arrest
A power attached to certain orders allowing the police to arrest a person suspected of breaching the order and bring them before the court.
Pre-Hearing Review
A directions hearing usually held shortly before the final hearing.
Prohibited Steps Order
An order preventing a parent or another person from taking specified actions in relation to a child without the permission of the court.
Property Adjustment Order
In ancillary relief proceedings, an order requiring property to be transferred or settled for the benefit of a spouse or child of the family.
Psychiatrist
A doctor specialising in the diagnosis and treatment of mental illness.
Psychologist
A professional who studies the human mind, emotions and behaviour, and how different situations affect them.
R
Recovery Order
An order under Section 50 of the Children Act 1989 requiring information about a missing child’s whereabouts and permitting police to search for and recover the child.
Residence Order
An order settling the arrangements regarding the person with whom a child is to live.
S
Sale of Property Order
In ancillary relief proceedings, an order requiring the sale of specified property.
Section 8 Order
An order under Section 8 of the Children Act 1989, namely a Residence Order, Contact Order, Prohibited Steps Order or Specific Issue Order.
Secure Accommodation
Accommodation provided for the purpose of restricting liberty.
Secure Accommodation Order
An order under Section 25 of the Children Act 1989 allowing a looked after child to be placed in secure accommodation where statutory criteria are satisfied.
Secure Periodical Payments Order
In ancillary relief proceedings, an order requiring one party to secure periodical payments for the benefit of the other party.
Sexual Abuse
A form of ill-treatment of a child. There is no precise legal definition.
Significant Harm
Considerable, noteworthy or important harm.
Social Services
Services provided by local or national government to support people who are elderly, ill or otherwise in need of assistance.
Social Worker
A person who works for social services or a support organisation providing assistance to people who need help.
Solicitor
A member of the legal profession primarily concerned with advising clients, preparing cases and representing clients in certain courts and tribunals.
Solicitor for the Child
A solicitor appointed by the court to represent a child in children's proceedings.
Special Guardian
A person who has parental responsibility for a child and is entitled to exercise it to the exclusion of most other people with parental responsibility.
Special Guardianship Order
An order appointing one or more individuals as a child's special guardian, providing greater permanence than a Residence Order but less finality than adoption.
Specific Issue Order
An order determining a specific question that has arisen, or may arise, in connection with parental responsibility for a child.
T
Threshold Criteria
The legal test which must be satisfied before a court can make a Care Order or Supervision Order under the Children Act 1989.
U
Undertaking
A formal and binding promise given to the court to do, or not do, something.
V
Voluntary Accommodation
Accommodation provided by a local authority under Section 20 of the Children Act 1989 without the need for a court order, subject to parental agreement.
W
Wardship
A High Court procedure making a child a ward of court so that important decisions about the child require the court's permission.
Welfare Checklist
The list of factors set out in Section 1(3) of the Children Act 1989 which a court must consider when determining certain applications relating to children.
Welfare Report
A report ordered under Section 7 of the Children Act 1989 and prepared by CAFCASS or a local authority regarding a child's welfare.