Children Law

The order made at the end of a case and which is legally binding on the parties who must comply with its terms. This is equally binding whether the parties have agreed the terms of it or it has been decided by a judge. In financial proceedings, orders could include:

– Pension sharing order – where part of one party’s pension is to be given to the other party.
– Order for sale – where the property specified is to be placed on the market for sale under the terms of the order, such as within 56 days of the date of the order.
– Lump sum order – where one party is ordered to pay the other a lump sum of money by a specified time or following a specific event.
– Maintenance – regular payments of money by one party to the other, also known as Periodical Payments.

The final court appointment where the judge or magistrates will make a decision about how the issues in dispute should be resolved. The parties and any witnesses, including the CAFCASS officer, attend the hearing and give verbal evidence, and are questioned by the other party’s representative. The parties will be legally bound by the decision at this hearing. If the parties reach an agreement between themselves a final hearing may not be necessary.

The first preliminary court hearing following an application being issued.

Someone appointed to advise the court about a matter requiring specific expertise, such as medical, engineering or valuation evidence. Expert witnesses can be appointed by one party or jointly by both parties.

Any expenditure or costs that your solicitor incurs on your behalf and are payable to a third party (for example the Court, Tribunal, Land Registry or independent expert).

Another term for a barrister – the person(s) who represent you in court.

An application or ‘request’ asking the court to consider a case and make a judgement.

The process where one side’s counsel (barrister) seeks to challenge or test a witness’s evidence by asking them questions in court.

Generally speaking, it is desirable to have a single joint expert report to the Court where specialist advice is required. However, there are circumstances where one or both parties may wish to consult an expert of their choosing to decide whether they should challenge the report of the single joint expert. This is now known as a Daniels v Walker application after the case in which a ruling of this kind was first made [2000]. This is applicable to all matters that reach court and where expert evidence is required. Experts appointed this way are still required to be impartial.

The legal costs charged to you by your legal team for working on your behalf in relation to the claim, together with any expenses in relation to this (see also Disbursements).

Children and Family Court Advisory and Support Service. A service that is independent from the courts and undertakes a safeguarding check (including any previous police and social services involvement with the parties) prior to the first hearing. CAFCASS also provides information and advice as to the best interests of the children throughout proceedings, if required to do so. In Care proceedings, a CAFCASS officer will be the child’s court appointed guardian who looks after their interests from a legal perspective.

A court order that regulates where a child lives following the separation and divorce of their parents and what time they spend with each parent. Child arrangements orders are only made if there is a dispute between the parents that they cannot resolve between themselves. 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.

The process where a party applies to a higher Court to review and potentially reverse the decision of a lower Court where they have grounds to do so.

The person making the application to the court.

When a court hearing is cancelled and rescheduled to a later date.

A Court decision whereby one party in a case is ordered to pay the other’s legal fees.