Family Law Glossary - Brampton Family Lawyers

A

Access	Visitation rights of a child or children with the parents.
Actuary	A professional who makes a cost estimate of a person's assets, business, pension, etc.
Adoption	Legally taking in an individual as your responsibility, usually a child, as your own including all legal rights and obligations that comes with it.
Adultery	Willingly having sexual intercourse with another male or female who is not your spouse.
Adversarial System	Canada's court system where opposing parties present arguments to strenghten their position.
Affidavit of Divorce	Where evidence for a divorce is supported with the issuance of an affidavit. Neither party needs to be present before a judge or attend a hearing. Also known as Desk Divorce or Desk Order Divorce.
Affidavit of Service	This affidavit conveys particular details such as how and where a document was handed to the opposing party.
Affidavit of Translation	An affidavit that certifies the translation of a non-English certificate of marriage.
Assault & Battery	A wilful action to physically harm another individual using violent force.
Age of Majority	The legal age as stated by law where one is considered as an adult.
Alimony	Monetary support given by a spouse to the other after the failure of a relationship. Also known as spousal support.
Alternative Dispute Resolution or ADR	Alternative means of resolving conflict without litigation such as mediation, collaborative law, or arbitration.
Annual Income	Total yearly income of an individual from all sources.
Answer	A written response to your spouse's divorce application.
Arrears	Outstanding child or spousal support.
Assessment	A thorough study done by a knowledgeable professional in order to form a written conclusion regarding which parenting plan is in the best interest of the child/children, could be Parenting Assessment , Custody Assessment or Psychological Assessment.

B

Best Interest Test	When parties litigate parenting rights, as well as custody and access, a judge must resolve such by applying the "best interest of the child" test.
Bigamy	When a person is married to two individuals simultaneously.

C

Case Law	Law based on other judges' prior decision, where the existing case presented is similar to previous documented ones.
Certificate of Divorce	A document issued by the court certifying the completion of divorce proceedings.
Certificate of Legal Advice	A document attesting that an individual has received legal advice from a lawyer who is independent from the other contracting party.
Certificate of lis pendens	When an outcome of a pending lawsuit may affect a property, this certificate may be filed on its title.
Child of the Marriage	This applies to biological and legally adopted children including stepchildren where one parent acted in place of another.
Child Support Guidelines	The Divorce Act discusses child support guidelines in detail indicating basic amount for child support. Also known federal child support table/guideline, child support guidelines/table, or simply tables.
Child Support Tables	The Divorce Act discusses child support guidelines in detail indicating basic amount for child support. Also known federal child support table/guideline, child support guideline/table, or tables.
Child Support	Regular monetary support for the child given to the other parent who holds custody.
Closed Mediation	A type of mediation process that is treated as confidential, in which issues discussed are kept off the record and can not be used in future litigations.
Cohabitation Agreement	A written agreement or contract entered into by two individuals who live together currently, those that plan to do so in the future, or those who plan to marry. This may include stipulations on assets and money.
Collaborative Family Law	Considered as an alternative dispute resolution where parties and their counsel aim to come up with an amicable settlement without the intervention of the court.
Common-law Relationship	Two unmarried individuals living together as though married.
Common-law Spouse	Often used to describe a person living with another unmarried individual in a marriage-like relationship or common-law relationship.
Comparison of Household Standards of Living Test	A test used by the courts to measure undue hardship. Also known as household standard of living.
Consent Order	This court order contains the approval of the court regarding agreements between two parties engaged in a dispute.
Consummation of a Marriage	When a married couple engages in sexual intercourse, then their marriage is considered consummated.
Contested Divorce	When a mutually acceptable decisions cannot be reached regarding divorce issues.
Corollary Relief	The Divorce Act uses this phrase or term refering child support orders, spousal support, access, and custody.
Cruelty	A ground for divorce. It is when a spouse deliberately causes mental and physical suffering.
Custody	This pertains to a divorced parents' living arrangements with their children/child.

D

Declaration of Parentage	This is required when an individual does not meet the presumptions of parentage under the law but would like gain access or custody of a child, or when another party wish to claim child support.
Demand of Notice	A document filed by the defending party to a divorce when he/she wish to acquire copies of documents related to the case but will not be contesting the case.
Dependent	A person, usually under the age of majority, who relies on another for monetary support.
Designation	The Divorce Act allow provinces to exercise their own guidelines in place of the federal guidelines when both parties live in the same territory.
Desk Divorce	Where evidence for the divorce is supported with the issuance of an affidavit and neither party needs to be present before a judge or attend a hearing. Also known as Affidavit of Divorce or Desk Order Divorce.
Disclosure	The act where one party must exchange documents with the other and such will serve as evidence or support for litigation.
Dissolution of Marriage	Also known as divorce.
Divorce	When the courts legally declare an ending of a marriage. Also known as dissolution of marriage.
Divorce Act	Under the federal law, the set of rules to abide by in order to obtain divorce.
Divorce Judgement	Before the issuance of a Certificate of Divorce, this court order must come through first.
Domestic Contract	A written agreement between two persons such as a marriage contract, cohabitation agreement, separation agreement, etc.

E

Enforcement	Exercising legal ways of coercing a parent to provide child support payments. Also known as maintenance enforcement.
Equalization	When one spouse has greater net family property then the other party is required to make a payment, so they share equally in the assets. Also known as equalization of net family property.
Equalization of Net Family Property	When one spouse has greater net family property then the other party is required to make a payment, so they share equally in the assets. Also known as equalization of net family property.

F

Family Law Act	This act enforces domestic contracts as well as govern rights of spouse for support, property division, ect.
Family Responsibility Office	An agency that carry out support orders.
Federal Child Support Guidelines	The Divorce Act discusses child support guidelines in detail indicating basic amount for child support. Also known federal child support table/guideline, child support guidelines/table, or simply tables.
Federal Child Support Tables	The Divorce Act discusses child support guidelines in detail indicating basic amount for child support. Also known federal child support table/guideline, child support guidelines/table, or simply tables.
Four-Way-Settlement Meeting	A meeting between two conflicting parties together with their attorney in order to come up with a mutually accepatble decision regarding an issue.

G

Garnishment	Collection of spousal and/or child support through salary deduction.
Grandparent’s Rights	Apart from the parents, a child's grandparents also have the right to apply for custody or access.
Grounds for Divorce	Failure of marriage can be established through the following: separation, adultery, or cruelty.
Guardianship	A legal right and duty to care for a dependent.

H

Household Standard of Living

A test used by the courts to measure undue hardship. Also known as comparison of household standards of living test.

I

Imputing Income	A judge may chose to attribute income to a parent when it appears that the total amount declared is biased.
in loco parentis	When a non-biological, non-adoptive parent acts in place of another. Also known as a spouse who acts in place of a parent.
Independent Legal Advice	An unbiased legal advice sought through a third party counsel.
Interim Order	A court order approved before a final order is made with the intent to stabilize and addresses issues pending trial.

J

Joint Custody	Where both parents share legal and physical custody of the child/children.
Joint Divorce	Where both spouses apply for a divorce order and are in agreement with all the divorce details.
Judicial Dispute Resolution or JDR	Where a judge meets with two opposing parties and their lawyers to informally facilitate an unbiased mediation to resolve an issue. More commonly referred to as case conference, settlement conference, trial management conference and pretrial conference
Judicial Separation	A court decree ordering separation of a married couple.

K

There are no K words in our legal glossary.

L

Legal Separation	No law for legal separation Canada.
Letter of Opinion	This is needed in order to recognize ones foreign divorce.
Lump Sum Spousal Support	Deemed as last payment for spousal support.

M

Maintenance	Periodic monetary allowance given to a child, a former partner or spouse.
Maintenance Enforcement	Exercising legal ways of coercing a parent to provide child support payments. Also simply known as enforcement.
Maintenance Enforcement Programs	Government programs designed to collect and transmit child and spousal support payments.
Marriage	Voluntary legal union between two people acquiring for themselves certain legal rights and obligations. A divorce must be filed if one party wish to end their marriage.
Marriage Contract	A contract entered into by a couple if they want to get married.
Marriage License	A license that has to be obtained prior to getting remarried in Ontario after a divorce.
Matrimonial House	The house where the married couple lives.
Mediation	A process where two conflicting parties raise their issues in the hopes of resolving it through the assistance of a an unbiased mediator.
Mediator	A qualified professional trained to assist without prejudice two opposing parties aiming to clear up a dispute.
Minutes of Settlement	A written account of a settlement meeting discussing in detail the matters of dispute such as property, custody, and access.
Mobility	A parent may have the legal ability to transfer a child's residence to another country or city.

N

Negotiation	Written or oral attempt by disputing parties to amicably settle their differences.
Net Family Property	This refers to the value of the growth of a person’s assets between the date of marriage and separation.
Notice to Disclose	A court order addressed to the opposing party notifying them to furnish copies of documents at a certain date.

O

Open Mediation	Where the mediator's detailed written report contains concerns that have been discussed and concerns that were resolved.
Opinion on a Foreign Divorce	One of the requirements to acquire a marriage license is that the marrying couple must get the opinion of an Ontario lawyer that the divorce would be recognized here.

P

Parallel Parenting	A type of parenting arrangement applicable in high-conflict situations where the parents have little or no communication with each other.
Parens patriae	The court's inherent jurisdiction to make decisions concerning children or people who are not able to take care of themselves.
Parental Alienation	Undermining the authority or child's relationship with the other parent.
Parenting Arrangements	Written agreement between the parents detailing how they plan to raise their children which includes living arrangements, decision making, etc. Also known as parenting plan.
Parenting Plan	Written agreement between the parents detailing how they plan to raise their children which includes living arrangements, decision making, etc. Also known as parenting arrangements.
Paying Parent	A parent or a non-biological parent who acts in place of a parent who is obligated ligally to pay child support.
Petition for Divorce	A written document submitted to court that initiates divorce, and includes claims and other relief.
Physical Custody	Gives the parent the right to administer day to day care of the child
Polygamy	When a person is married to multiple individuals simultaneously.
Post-nuptial Agreement	A contract between two individuals, married or in a common-law relationship, who plan to solve their dispute as a result of the breakdown of the relationship. Also known asseparation agreement.
Pre-nuptial Agreement	A contract between two people before marriage most commonly indicating possession of assets before, during, and after dissolution of marriage, in case such happens. Also known as antenuptial agreement.
Presumptions of Parentage	List of situations where The Family Law Act presumes a males individual as the father of a child.
Primary Residency	Where a child or children will live with a parent for more than 60% of the time in a span of one year.
Proof of Marriage	The following documents can be presented as proof of marriage: Original or certified copy of your certificate of marriage or a certificate of the registration of marriage.

Q

There are no Q words in our legal glossary.

R

Receiving Parent	A parent entitled to receive child support; he/she can either be a biological or adoptive parent, or a spouse who acts in place of a parent.
Reconciliation	When separated spouses gets back together
Reasonable Care	The human obligation to act properly and within accepted boundaries so as to avoid harming other individuals.
Retroactive Application for Support	An application for adjustment to the amount of spousal and/or child support which has previously been ordered.

S

Separated	When one or both individuals decide to end their relationship. Also known as Separation.
Separation Agreement	A contract between two individuals, married or in a common-law relationship, who plan to solve their dispute as a result of the breakdown of the relationship. Also known as post-nuptial agreement.
Separation Date	The specific date when one or both individuals decide to end a relationship.
Shared Custody	Where a child or children will live with a parent for more at least 40% of the time in a span of one year.
Shared Parenting	Formerly known as "joint custody," an arrangement by which both parents have equal or similar rights concerning their child's care, custody, and control. Shared Parenting often involves creative arrangements allowing the child to live with each parent at different times.
Sole Custody	When one parent has custody of all children and live with them for at least 60% of the time in the span of one year.
Sole Divorce	One spouse is asking the other for a divorce.
Special Expenses	Federal child support tables /guidelines does not cover special expenses but are necessary such as daycare expenses, orthodontic expenses, etc.
Split Custody	Children alternately live between parents, spending more than 60% of the time with one parent.
Spousal Support	Monetary support given by a spouse to the other after the failure of a relationship. Also known as alimony.
Spouse who acts in place of a parent	When a non-biological, non-adoptive parent acts in place of another. Also known as in loco parentis.
Standard of Living	A test used by the courts to measure undue hardship. Also known as comparison of household standards of living test.
Statutory Declaration and Consent for Travel	A necessary document when travelling with a minor with a nonparent or only one parent.
Survival Statute	A constitutional law that allows a legal action to proceed even after the person involved in the legal action had died.
Substitutional Service	Application for a substitutional service is available for those who could not personally serve their divorce. This will allow a person to find an alternative means of serving the divorce.
Substitutional Service Order	An order that allows an applicant to serve documents to another individual.
Supervised Access	Monitored child visitation rights.
Supervised Access Centre	Provides a setting where visits can take place under the guidance of trained access center staff.

T

Tables	The Divorce Act discusses child support guidelines in detail indicating basic amount for child support. Also known federal child support table/guideline, child support guideline/table, or simply tables.
Tracing Service	A paid service that may be useful when one cannot locate his/her spouse for service by any other way.

U

Uncontested Divorce	When a spouse does not answer or reply to the other spouse initial application for divorce.
Undue Hardship	Generally, this means excessive financialdifficulties. If proven, a parent may ask for a higher or lower child support amount.

V

Valuation Date	The specific date of separation.
Variation Application	An application for changes to the corollary relief order.
Variation Order	A court order that allows changes in some or all specifics stated in the corollary reliuef order.

W

Waiver of Spousal Support

A final agreement between two persons waiving any claim for spousal support.

X

There are no X words in our legal glossary.

Y

There are no Y words in our legal glossary.

Z

There are no Z words in our legal glossary.