Dealing with any Children Act issues can be very emotionally and mentally draining. We do not want the legal process and the wording we use to make the situation worse so we strive to keep legal jargon to a minimum. We appreciate you will come across terms you may not understand so we have tried to explain these as clearly as possible in the definitions below, so that you fully understand the process you are going through.
If you need further explanation then please do contact us.
When a court hearing is moved to another date.
In the event that an Order is wrong in law, the process where a party applies to a superior Court to reverse the decision.
The person making the application to the court.
Children and Family Court Advisory and Support Service. A service which is independent from the courts and undertakes a safeguarding check (including the police and social services involvement with the parties in the past) prior to the first hearing. Also provides information and advice as to the best interests of the children throughout proceedings, if required to do so, either verbally to the judge or in the form of a written report.
In Care proceedings a CAFCASS officer will be the child’s court appointed guardian who looks after their interests from a legal perspective.
An order which regulates where a child lives and how they spend their time with each parent. Only made if there is a dispute between the parents that they cannot resolve between themselves or through mediation. If there is no dispute no order is required.
The Act of Parliament dealing with child-related matters, including orders that a court can make.
An order made by agreement between the parties. Can be made at court or in writing. If in writing and in relation to financial matters it usually means the parties do not need to attend a court hearing.
The legal costs charged by your solicitor and/or barrister for working on your behalf in relation to the claim together with any expenses in relation to this (see also Disbursements).
Where one party is ordered to pay the other’s legal fees.
Rare in family cases except where the Respondent is ordered to pay the Petitioner’s divorce costs.
Another term for a barrister.