Legal Definitions

ADJOURNMENT: When a future date is set for the parties to come before the court.

APPEAL: If a judge makes an error of law or fact on a decision, another “higher” court will hear an appeal of the decision. An appeal will not be heard simply because you do not like the judge’s decision. There must be an error of law or fact.

AUTHORIZATION AND DIRECTION: A form signed by a client permitting a third party to speak with someone or send documents to someone.

ARBITRATOR: A neutral third party retained by the parties to conduct an arbitration.

ARBITRATION: A dispute resolution process entered into voluntarily by the parties as an alternative to court.

AWARD: A decision rendered by an arbitrator.

BEST INTEREST OF THE CHILD: The judges use a test called the “Best Interests of the Child” test to decide decision-making responsibility, parenting time and guardianship. The court will consider all of the child’s needs and circumstances to decide the child’s best interests, including the parent’s ability to provide for the child.

CHARTERED BUSINESS VALUATOR: Financials professionals retained for the purposes of assisting in giving a value for someone income and/or business.

CHILD SUPPORT: A payment from one parent to the other parent for the benefit of a child.

CHILD SUPPORT GUIDELINES: The Child Support Guidelines are used to calculate child support for children. The amount of child support is determined by a payor’s income and the number of children in the family.

COHABITATION AGREEMENT: An agreement entered into by two people who are about to live together or who are already living together to address issues such as support and property if the relationship breaks down.

DECISION MAKING RESPONSIBILITY: The right to make significant decisions about a child’s well being. This includes decisions about the child’s health, education, religion and other important matters.

EVIDENCE: Evidence in a family law case involves documents and witnesses. Examples of some documents that may be included as evidence include bank account records, report cards, real estate records, and medical reports.

FINANCIAL DISCLOSURE: Information about a person’s financial circumstances on particular date(s) and/or for a particular time period.

FINANCIAL STATEMENT: A standard form utilized in family matters setting out someone’s financial position relating to the financial aspects of the case including child/spousal support and property division.

ENDORSEMENT: A decision and/or comments and/or reasons written by a judge after an appearance in court.

EQUALIZATION: The payment made from one party to the other party to equalize the parties’ respective net family properties (NFP).

FILED: Means a document has been filed with the court.

MARRIAGE CONTRACT: An agreement entered into by two people who are planning to marry or who are already married to address issues such as support and property if the relationship breaks down.

MEDIATOR: A neutral third party retained by the parties to conduct a mediation.

MEDIATION: An alternative dispute resolution process entered into by the parties in an attempt to resolve their disputes.

MINUTES OF SETTLEMENT: A document signed by both parties to indicate that they have come to an agreement.

MOTION: A motion is a court proceeding before a judge. It is usually held to decide an issue or a number of issues that requires that the court hears evidence. In most cases, before a court will schedule a motion before a judge, the parties will have to have a case conference.

NET FAMILY PROPERTY: Your net worth for the purposes of calculating the equalization payment.

OFFER TO SETTLE: An offer by one party to the other party to settle some or all of the claims in a case.

ORDER: An endorsement that has been issued and entered by the court.

PARENTING AGREEMENT: An agreement setting out the parenting terms agreed to by the parties.

PARENTING COORDINATOR: Professionals who assist parents in implementing issues arising from a parenting plan.

PARTY: A term used to refer to a client or their spouse.

SERVED: When a document has been delivered to the other party in a formal manner according to the family law rules.

SELF-REP: A party who is not represented by a lawyer.

SEPARATION AGREEMENT: An agreement finalizing issues arising from the breakdown of the relationship usually addressing issues such as child support spousal support and equalization (property division).

SPOUSAL SUPPORT: Spousal support is money paid by one party to their former spouse. It is paid by the party with the higher income to the party who has less or no income.

TRAVEL CONSENT: A letter authorizing one party to travel with the children.