Here’s a list of common terms that you’ll come across working on Family Law cases:
Attorneys’ Fees
The costs of legal representation, which one party may be required to pay for the other party, based on the court’s decision.
Bad Faith
When someone acts dishonestly, with the intent to deceive or take unfair advantage, often by breaking agreements or not fulfilling obligations.
Bailiff
An officer who maintains order and security in the courtroom.
Best Interests of the Child
The court’s main focus is on what is best for the child, considering safety, stability, and maintaining healthy relationships with both parents if possible.
Case Number
A unique number assigned to each case, used to identify your case when contacting the court or submitting documents.
Case Summary
A brief overview of your case, including important events and deadlines.
Change in Circumstance
A significant change in a parent’s or child’s life that may justify modifying custody, support, or visitation orders.
Civil Harassment Restraining Order
An order protecting people from harassment by someone they don’t have a close relationship with, like a neighbor or roommate.
Commissioner vs. Judge
A commissioner handles specific cases and has authority similar to a judge when both parties agree. Judges are appointed or elected with broader authority.
Contested Judgment
When parties cannot agree on issues like custody or support, leading to a judge’s decision after a hearing or trial.
Continuance
A delay or rescheduling of a court hearing or trial, often requested by one party for “good cause,” such as needing more time to prepare.
Court Division
A specialized area of the court handling specific types of cases, such as family law or probate.
Court Hearing
A court session where parties present information, arguments, or evidence for the judge to make decisions on specific issues.
Courtroom
The physical location within a courthouse where hearings and trials take place.
Custody
The rights and responsibilities of parents to make decisions and care for their child. Custody may be legal (decision-making) or physical (where the child lives).
DCFS (Department of Children and Family Services)
A government agency that investigates child abuse and neglect cases, often in coordination with the court.
Declaration
A written statement explaining important facts in your case, signed under penalty of perjury.
Default
When a party doesn’t respond to a court action or fails to appear in court, which can lead to a decision without their input.
Dissolution
Another term for divorce, where the court ends a marriage or domestic partnership.
Division
A branch of the court handling specific types of cases, such as the family law division.
Domestic Violence Restraining Order (DVRO)
A protection order issued to prevent abuse by someone in a close relationship, like a spouse or family member.
Evidence
Documents, testimony, or items presented in court to prove or disprove facts in the case.
Ex Parte Hearing
A special court hearing where one party asks for immediate action without waiting for a regular hearing. Typically, the requesting party must prove imminent harm or another urgent need.
Ex Parte Motion
A request for immediate court orders without notifying the other party in advance due to urgent circumstances.
Ex Parte Orders
Orders issued by the court in an emergency, often without the other party’s involvement, based on an ex parte hearing or motion.
Exhibit List
A list of all documents and items a party plans to present as evidence in court.
Family Law Facilitator
A court-appointed professional who provides assistance with family law cases, usually to self-represented parties, and explains procedures and forms.
Family Law Mediator
A neutral third party who helps parents reach agreements in custody and visitation matters without going to trial.
Fee Waiver
An option for those who cannot afford court fees, allowing the court to waive certain costs based on financial need.
Findings and Order After Hearing (FOAH)
A written record of the judge’s decisions after a hearing, including any orders for the parties to follow.
Good Cause
A valid reason the court may accept to approve a request, like granting a continuance to allow for more preparation time.
Good Faith
An honest intention to act without taking unfair advantage, often required in negotiations and fulfilling agreements.
Imminent
An urgent situation or threat that requires immediate action, often leading to requests for ex parte orders.
Judgment
The final decision in a court case. In family law, it often resolves matters of custody, support, and division of assets.
Judicial Assistant or Clerk
A court employee who handles administrative tasks, like scheduling hearings and managing documents.
Jurisdiction
The court’s authority to hear a case, often based on where the parties live or where the issues in the case occurred.
Legal Custody
The right to make important decisions for a child, such as those about education, healthcare, and religious upbringing.
Minor’s Counsel
An attorney appointed by the court to represent the best interests of a child in custody cases.
Minute Order
A record of what happened during a court hearing, usually typed by a court clerk.
Monitor
A person who supervises visits between a parent and child, often during supervised visitation to ensure the child’s safety.
Non-Professional Supervised Visitation
A visit with a child supervised by a family member or friend to ensure the child’s safety.
Oath
A promise to tell the truth, typically taken by witnesses and parties before testifying in court.
Opposing Counsel
The attorney representing the other party in a case.
Opposing Party
The other party in a case, often the person who filed the case or responded to it.
Order
A formal decision issued by the court, which may include instructions or requirements for the parties to follow.
Parentage Action
A legal process to establish the legal parents of a child, which may also include establishing paternity.
Parenting Plan
An arrangement that outlines how parents will share responsibilities, custody, and visitation for their child.
Parenting Time
The time each parent spends with their child under a custody or visitation order.
Parenting Plan Assessment (PPA)
A quick assessment to identify immediate needs and any urgent concerns in custody cases, helping the court make short-term decisions. Typically, one day.
Parenting Plan Assessment 2 (PPA2)
A detailed assessment to gather in-depth information on family dynamics, guiding the court in creating a long-term parenting plan. Typically, two days.
Peaceful Communication about the Children Only
Guidelines set by the court requiring parents to communicate calmly and respectfully about the child only.
Perjury
Lying under oath, which is a serious offense that can lead to criminal charges.
Personal Service vs. Regular Service
Personal service means handing documents directly to the person involved, which is often required by the court. Regular service involves sending documents by mail or email.
Petition
The document that starts a family law case, like a petition for divorce or custody.
Petitioner
The person who starts a family law case by filing a petition.
Physical Custody
Refers to where the child lives. It can be shared between parents (joint physical custody) or held by one parent (sole physical custody).
Pro Per (Self-Represented)
A person who represents themselves in court without an attorney.
Reasonable
A standard used to judge if an action is fair and sensible, often applied to visitation schedules.
Reconsideration
A request for the court to review and potentially change a previous decision or order.
Reply Declaration
A declaration filed in response to another party’s declaration to address points raised or provide additional evidence.
Remote Appearance
Attending a court hearing or mediation session by video or phone instead of going to the courthouse.
Request for Order (RFO)
A form used to ask the court to make specific orders, like changing a custody schedule or setting new support terms.
Respondent
The person responding to a family law case.
Response
A formal reply to a petition or motion, where the respondent addresses the claims and requests made by the petitioner.
Right of First Refusal
An agreement where one parent must first offer the other parent the chance to care for the child before using a third party.
Sanctions
Penalties the court may impose on a party or attorney for improper conduct, which can include fines or other restrictions.
Self-Represented
A person who represents themselves in court without an attorney, also known as “pro per.”
Service
The process of delivering court documents to the other party to ensure they receive notice of the proceedings. Service must follow specific rules, depending on the document and timing.
Sole vs. Joint
“Sole” refers to one parent having full custody or decision-making authority. “Joint” means both parents share custody or decision-making responsibilities.
Split Medical Expenses
An agreement or court order requiring both parents to share their child’s medical expenses, typically in proportion to their income.
Supervised Visitation
Visits between a parent and child supervised by an approved adult to ensure the child’s safety.
Summons
A court document informing the respondent that a legal action has started and requires a response within a specific time.
Sur-Reply Declaration
A declaration filed in response to a reply declaration to address any new points raised or provide additional evidence.
Talking Parents/Our Family Wizard
Online tools that allow parents to communicate and share calendars related to their child without conflict.
Temporary Order
An order issued by the court to cover specific issues until the final judgment, like temporary custody or support arrangements.
Testimony
Statements made under oath, usually by witnesses, during a court hearing or trial.
Tie-Breaking Authority
Authority given to one parent to make the final decision if both parents cannot agree on a particular issue.
Trial
A court hearing where both sides present evidence, witness testimonies, and arguments to reach a final decision.
Trial Setting
The court date where the trial schedule is set and other issues, such as what evidence can be used, may be discussed.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
A law that determines which state has jurisdiction over custody matters, preventing parents from moving cases between states.
Visitation
The scheduled time a non-custodial parent spends with their child, often outlined in a parenting plan.
Witness List
A list of all people who will testify in court on behalf of a party.
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Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For specific legal guidance on your case, please contact The Mines Law Firm for representation.
