Legal jargon buster

• A
• B
• C
• D
• E
• F
• G
• H
• I
• J
• L
• M
• N
• O
• P
• R
• S
• U
• V
• W

A

• Abduction

  Abduction

  Child abduction is when a person takes or sends a child out of Northern Ireland without permission. Permission to take or send a child outside of Northern Ireland can be given by people who have Parental Responsibility or by a family court.

  If a person has a Residence Order for a child they do not need permission to take or send the child out of Northern Ireland for less than four weeks.

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• Acknowledgement of service form

  Acknowledgement of service form

  A form which confirms that court papers have been received by the person they were sent to (called the respondent).

  The person receiving the papers - the respondent - must fill in, sign and return the Acknowledgement of Service form to court, by the date stated on the paperwork.

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• Adjournment

  Adjournment

  When the judge postpones (called adjourns) a court hearing, either for a short break or until a later date, it is called an adjournment.

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• Administrative listing

  Administrative listing

  An allocated time when a judge reviews the progress of the case. The judge reviews the case documents and no hearing is held. At this time the judge may issue directions for the parties, which the parties will be informed of through the court office.

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• Admissible

  Admissible

  This describes what evidence and documents may be considered by the court and/or referred to in the court proceedings.

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• Adopt evidence

  Adopt evidence

  A person called to the witness box may be asked to confirm that the written evidence that they have presented to court is true. This is called adopting evidence.

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• Adoption

  Adoption

  To take another person's child into your own family and legally raise him or her as your own child.

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• Adversarial

  Adversarial

  An adversarial court case is one where the opposing sides act as adversaries and compete to convince the judge (and in criminal cases, the jury) that their version of the facts is the most convincing.

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• Advocate

  Advocate

  A person who speaks for you or represents you in court. They can be a solicitor or barrister. In Scotland, an advocate is the same as a barrister.

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• Affidavit

  Affidavit

  A written statement which the witness providing it has sworn to be true in the presence of someone legally qualified to administer an oath.

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• Affirmation

  Affirmation

  You give an affirmation when you swear something is true in court. It is like an oath but it is not rooted in religious belief.

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• Appeal

  Appeal

  An appeal is a review of a judge's decision, or of a Court Order. A judge’s Order can be appealed if you can show that the judge did not apply the law correctly or did not follow correct procedure in the case. It is not asking for a second opinion about the situation from a different judge.

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• Appellant

  Appellant

  The appellant is the person who is appealing against a decision made in a case.

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• Applicant

  Applicant

  The person asking (called applying to) the court for a court Order.

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• Application

  Application

  The written request sent to the court for an Order to be made.

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• Article 179(14) Order

  Article 179(14) Order

  A ruling by a judge, called an Order, that limits when someone can next make a request to the court about arrangements for the child. The court’s permission is needed to make a request during the time limit given in the Article 179(14) Order.

  Someone with an Article 179(14) Order can only apply to the court for any Article 8 Order during the period of time it is in force by first getting permission from the court.

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• Article 4 Report

  Article 4 Report

  This is a report by the Court Children’s Officer – an independent social worker – to assess a child's welfare and best interests. It can be a written or oral report. It is used by the judge to help make a decision about the child.

  It is used in cases which are between private individuals (called private family law proceedings) that do not involve the State in making decisions on a child’s future.

  It is called an Article 4 Report because the power to ask for the report is set out in Article 4 of The Children (Northern Ireland) Order 1995.

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• Article 56 investigation

  Article 56 investigation

  This is where a judge asks the Local Authority to investigate a child's circumstances. It will only apply in a case where two private individuals are asking the judge to make a decision about the child (called private law family proceedings) and where the judge is concerned about the child’s welfare.

  An Article 56 investigation is to help the judge decide if he or she should make a Care or Supervision Order, to put the child in the care or supervision of the local authority on a temporary basis. It is called an Article 56 investigation Report because the power to ask for the investigation is set out in Article 56 of The Children (Northern Ireland) Order 1995.

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• Article 8 Order

  Article 8 Order

  This is term that applies to different types of judgments or rulings made by judges, called Orders, that are listed under Article 8 of The Children (Northern Ireland) Order 1995. It includes a Residence Order, Contact Order, Specific Issue Order, Prohibited Steps Order and any decision or ruling that changes or ends an existing Order.

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• Ascertainable

  Ascertainable

  Something that can be determined with some degree of certainty.

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• Audio recording

  Audio recording

  A recording of all of the court hearing.

  No recordings are made in the Family Proceedings Court at the Magistrates’ Court.

  Recordings are made in Family Care Centre cases at the County Court and at High Court Family Proceedings cases. It is possible to buy a transcript of the recording from the court office.

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B

• Barrister

  Barrister

  Also known as Counsel

  Barristers are lawyers who specialise in representing clients in court, advise on resolving legal disputes and provide legal opinions.

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• Best interests of the child

  Best interests of the child

  Also known as the child’s welfare

  A legal principle applied by the judge to decide what arrangements are in the child’s best interests. In Northern Ireland, it is set out in Article 3 of The Children (Northern Ireland) Order 1995 and requires the court to consider:

  • the child’s ascertainable wishes and feelings,
  • the child’s physical, emotional and educational needs,
  • the likely effect on the child of any change in circumstances,
  • the age, sex, background and any characteristics of his which the court considers relevant,
  • any harm which the child has suffered or is at risk of suffering,
  • how capable each of the parents are of meeting the child’s needs.

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• Brief

  Brief

  Also known as Brief to Counsel

  A summary of facts and instructions that a solicitor gives to a barrister before a court hearing.

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• Bundle

  Bundle

  Also known as court bundle

  The collection of documents for a case, filed in a large ring binder or a lever-arch folder. These documents contain evidence, case management paperwork (e.g. application forms and directions), statements, expert reports and other documents related to a case.

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• Burden of proof

  Burden of proof

  Refers to who has responsibility to prove something is true. In criminal cases, the burden is placed on the prosecution to prove that the accused committed the crime they have been charged with. In family cases, the burden of proving something is usually placed on the person who makes the accusation to prove that it is true.

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C

• Call-over

  Call-over

  An occasion in court when the judge fixes the dates for case hearings. It can also be a review by the judge of the day’s cases to check they are ready to go ahead.

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• Care Order

  Care Order

  When a child is at risk of significant harm and a parent cannot meet the child's needs, the local Health and Social Care Trust can apply for a Care Order. A Care Order is where the judge instructs the Trust to take the child under its care and supervision. This means the Trust can make decisions about who the child lives with and who they can see, and it may require the child to be placed into care. An Interim Care Order is where the judge rules that the child can be placed in the care or supervision of the local authority while other investigations are made.

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• Case law

  Case law

  Law decided by judges in individual cases. Lower courts will follow the case law of higher courts. Higher courts can overrule the case law from lower courts.

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• Case management

  Case management

  The actions, processes and paperwork used to progress a case. Sometimes a judge will ask for a case management hearing to lay out the process and timeline of the steps in a case.

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• Case number

  Case number

  Also known as ICOS number or Integrated Court Operation System number

  The unique identifying number that the Northern Ireland Courts and Tribunal Service assigns to each case that goes through Northern Ireland’s court system. It is used on case documents and formal written statements.

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• Child maintenance

  Child maintenance

  Also known as child support

  Financial support provided by a parent to support their child, paid by the parent who does not live with the child most of the time.

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• Child protection

  Child protection

  The actions and steps taken to protect a child from abuse or ill-treatment.

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• Child protection case conference

  Child protection case conference

  A multi-agency meeting usually called by the Health and Social Care Trust, where they believe the child is at risk of, or has suffered, significant harm.

  Professionals and the family discuss whether a protection plan is needed to protect the child.

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• Child protection register

  Child protection register

  The child protection register is a confidential list of the children in Northern Ireland who have been identified as being at risk of significant harm. The register will include information on the steps that need to be taken to protect the child’s welfare and reduce their risk of harm.

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• Child's welfare

  Child's welfare

  Also known as best interests of the child

  A legal principle applied by the judge to decide what arrangements are in the child’s best interests. In Northern Ireland it is set out in Article 3 of The Children (Northern Ireland) Order 1995 and requires the court to consider:

  • the child’s ascertainable wishes and feelings,
  • the child’s physical, emotional and educational needs,
  • the likely effect on the child of any change in circumstances,
  • the age, sex, background and any characteristics of his which the court considers relevant,
  • any harm which the child has suffered or is at risk of suffering,
  • how capable each of the parents are of meeting the child’s needs.

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• Children Order

  Children Order

  A shortened name for the Children (Northern Ireland) Order 1995. This is the law that applies to cases about arrangements for children in Northern Ireland.

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• Claim

  Claim

  A formal application made to the court which usually starts the court proceedings.

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• Conciliation

  Conciliation

  The process of settling a dispute by mutual agreement with a view to avoiding litigation.

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• Confidentiality of documents

  Confidentiality of documents

  Any documents that are used in court cases involving a child have to be kept confidential. This means that no documents can be shared with any person except the people involved in the case, the lawyers, the Court Children’s Officer and the Guardian Ad Litem. The judge’s permission, also called leave, is needed for anyone else to see the documents, and that includes a McKenzie Friend.

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• Consent Order

  Consent Order

  An agreement reached about where a child should live, what contact they should have with the parent they are not living with, or other arrangements for the child, that is then formally approved by the Court. Once it is approved it is legally binding.

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• Contact

  Contact

  The arrangements between the child and the parent that the child does not live with that set out how and when the parent and child will see each other.

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• Contact Order

  Contact Order

  A ruling or judgment given by a judge that sets out how and when a child will visit or spend time with the parent they do not live with. A Contact Order is an Order of the court and is legally binding.

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• Contact book

  Contact book

  A book passed between the people – usually separated parents – who have contact with and care of a child. It is used to record issues relating to the child’s health, behaviour and well-being so that each parent is aware of these issues.

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• Contact centre

  Contact centre

  A safe environment where a child of separated families can spend time with one or both parents and sometimes other family members. If there are concerns about a parent or family member having unsupervised contact with a child, contact centres can be used for supervised or supported contact. These centres can also be used as the place where one parent collects the child from the other parent.

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• Contact condition

  Contact condition

  A condition imposed by a judge on how contact between a parent and a child should take place.

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• Contact direction

  Contact direction

  A decision or instruction given by a judge about what action a parent may need to take if they want to have contact with their child.

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• Contact parent

  Contact parent

  Also known as non-resident parent

  The parent who the child does not live with but has contact with the child.

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• Contempt of court

  Contempt of court

  This is an offence when someone risks unfairly influencing a court case or being disobedient or disrespectful to the court and its officers. This includes:  (1) disobeying a court Order, (2) abusing a judge or shouting out during a hearing in court, or (3) interfering in the administration of justice.

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• Costs

  Costs

  Legal costs include court fees, fees for the solicitor and, where applicable, the barrister and fees for any expert required to give evidence.

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• Counsel

  Counsel

  Also known as barrister

  A barrister or group of barristers. A barrister is a lawyer who specialises in representing clients in court, advises on resolving legal disputes and provides legal opinions.

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• Counterclaim

  Counterclaim

  A claim made by the person who is already responding to a claim.

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• County Court

  County Court

  The court system is divided into different types and levels of courts. One of these is the County Court and it hears different types of legal proceedings. The County Court that hears family law cases is known as the Family Care Centre. This court decides family cases that can be quite complex. County Courts also decide on appeals against decisions of the Family Proceedings Court.

  Judges in County Courts are referred to as 'Your Honour'.

  See also Magistrates’ Court.

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• Court Children's Officer

  Court Children's Officer

  Also known as CCO

  Specialist social workers from the local Health and Social Care Trust who carry out work for the family court. Their duty is to advise the family courts on the best course of action for the child. They carry out safeguarding checks and can prepare a report dealing with the best interests of the child involved in court proceedings.

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• Court Order

  Court Order

  Also known as an Order

  An enforceable decision of the court made by a judge.

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• Court bundle

  Court bundle

  Also known as a bundle

  The collection of documents for a case, filed in a large ring binder or a lever-arch folder. These documents contain evidence, case management paperwork (e.g. application forms and directions), statements, expert reports and other documents related to a case.

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• Court clerk

  Court clerk

  The person who completes the administrative duties required for court hearings and the management of cases. They are known as officers of the court.

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• Court lists

  Court lists

  The lists of all the cases that are due to be heard by the court each day. They set out which court a case will be heard in. The court list is available online. The court lists for family law cases only list the case number and not the names of the parties involved - see NICTS Court lists online.

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• Court office

  Court office

  The court office processes applications, forms, pleadings and writes to the parties about court dates. There are court offices in each court building. Information leaflets on court offices are available - Court office information leaflets.

  Address and contact details are also available - Information on court offices

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• Cross-examination

  Cross-examination

  Questioning of a witness by both parties’ lawyer and/or and the other party. The judge can request that questions are appropriate and may also ask questions of the witness.

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D

• Date of service

  Date of service

  An official date that the judge decides a document was received by the person it was sent to.

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• Declaration of parentage

  Declaration of parentage

  A declaration of parentage is a legal document that determines if someone is the legal or biological parent of another person.

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• Directions

  Directions

  These are instructions given by the judge to the tell the parties what steps they should take next.

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• Directions Order

  Directions Order

  This is an Order given by the judge during a case which gives instructions on the next steps in a case.

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• Directions hearing

  Directions hearing

  A hearing where the judge gives instructions (called directions) to the parties, with or without their agreement, which they should follow to progress the case.

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• Discharging an Order

  Discharging an Order

  Where the judge decides that an existing Order should not apply any more.

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• Disclosure

  Disclosure

  Giving access to a document or other evidence relevant to a case to other parties in advance of the hearing.

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• Disclosure of the child’s whereabouts

  Disclosure of the child’s whereabouts

  A person can apply to ask the court to take steps to find out where a child is - this is an application for the disclosure of the child's whereabouts. The court will contact Police and Social Services to take steps to trace the child. If the judge decides that it is in the child’s best interests, the person who applied to court can be told of the steps taken and where the child is.

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• District Judge

  District Judge

  The court system is divided into different types and levels of courts. One of these is the Magistrates’ Court and it hears different types of legal proceedings. The Magistrates’ Court that hears family law cases is known as the Family Proceedings Court.

  Most family cases start at the Family Proceedings Court. The judges in these courts are District Judges.

  They are referred to in court as 'Your Worship’.

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E

• Enforcement

  Enforcement

  The processes for ensuring that a court order is obeyed.

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• Equal Treatment Bench Book

  Equal Treatment Bench Book

  This is a book of guidance for judges to refer to. It is practical guidance aimed at helping make the court experience more accessible. It includes chapters on litigants in person, people with disabilities, people whose first language is not English. It is published by the Judicial College of England and Wales. There is no similar book in Northern Ireland but the judges here are aware of it.

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• Evidence

  Evidence

  Information, for example, documents and witness statements, used to support the arguments in the case.

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• Evidence-in-chief

  Evidence-in-chief

  The evidence given by a witness in response to questions put by the party who called the witness.

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• Ex parte application

  Ex parte application

  A request made to a court where only the person making the request is involved and the other side is not given any notice.

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• Exchange of documents

  Exchange of documents

  Sending documents to the other party and receiving documents from the other party that they wish to be used in the hearing.

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• Expert witness

  Expert witness

  This is an expert on a particular issue who gives their professional opinion in a court case. In family cases, this may be to examine or assess a child, prepare a report and give evidence to the court.

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• Ex parte hearing

  Ex parte hearing

  A legal hearing where only the person who has made the request for the hearing is involved and the other side is not given any notice.

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F

• Family Care Centre

  Family Care Centre

  The court system is divided into different types and levels of courts. One of these is the County Court and it hears different types of legal proceedings. The County Court that hears family law cases is known as the Family Care Centre.

  This court decides family cases that are complex. County Courts also decide on appeals against decisions of the Family Proceedings Court.

  County Court judges are referred to as 'Your Honour'.

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• Family Proceedings Court

  Family Proceedings Court

  The court system is divided into different types and levels of courts. One of these is the Magistrates’ Court and it hears different types of legal proceedings. The Magistrates’ Court that hears family law cases is known as the Family Proceedings Court. Most family cases start at the Family Proceedings Court.

  The judges in these courts are District Judges. They are referred to in court as 'Your Worship.’ See also Family Care Centre.

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• Family mediation

  Family mediation

  Also known as mediation

  A way to try to resolve a dispute without going to court. A neutral third-party mediator can help families work out an agreement about future arrangements for their child.

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• Filing

  Filing

  This is submitting a document to the court office. The court staff put the document on the court file.

  Documents for filing may be handed in to the court office, sent by post, or by email. Where it is unclear how to file a document you should contact the court, email in the first instance, where your case is being heard and ask them how you should do so.

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• Final hearing

  Final hearing

  The Final Hearing is when the judge makes the final ruling or judgment.

  The judge hears the evidence of the parents, the Court Children’s Officer and any other person giving evidence.

  The people giving evidence can be questioned (called cross-examined) by the parties in the case.

  If the parents have not been able to come to an agreement on what should happen, the judge will then make a final decision guided by what they determine to be in the child's best interests

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• First directions hearing

  First directions hearing

  The first court hearing. This comes after an application has been made to the court in private family law cases.

  At this hearing, the judge identifies the issues that need to be decided. They will also consider if it is possible for any agreement to be reached.

  They can then give instructions (called directions) to tell the parties what steps should be taken next.

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G

• Gillick competence

  Gillick competence

  This relates to the level of maturity and capability of a child under the age of 16 to be able to understand the implications of important decisions or agree to particular actions. The term comes from a case of this name.

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• Grounds for appeal

  Grounds for appeal

  These are the reasons for appealing a decision of the court. They have to be legal or procedural reasons showing why the decision was either an error of law or that procedure was not followed correctly. Disagreeing with the judge’s decision will not be grounds for appeal.

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• Guardian ad litem

  Guardian ad litem

  A Guardian ad litem is an independent social worker. They are appointed by the court to represent the child’s wishes and feelings and to tell the court what is in the child’s best interests.

  The court will only appoint a Guardian ad litem in certain circumstances. This will include when parents cannot represent the child's wishes or where a child disagrees with a proposed course of action.

  A Guardian ad litem may also be appointed if there are serious allegations of harm. The Guardian ad litem may be represented by their own solicitor or barrister.

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H

• Hague Convention

  Hague Convention

  An international treaty that allows different countries to co-operate with each other when a child has been abducted from one of these countries. The Convention helps a country return the child who has been abducted to the country they were abducted from.

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• Hearing

  Hearing

  The name given to the court proceedings where the judge, the parties in the case and any lawyers come together to present and hear the evidence and arguments of a case.

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• Hearing - face to face or in person

  Hearing - face to face or in person

  Where the judge, both parties, their lawyers, and other individuals in the case are physically present in court.

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• Hearing - hybrid

  Hearing - hybrid

  Where the judge and at least one party are in the court room while others join by telephone or video link.

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• Hearing - remote

  Hearing - remote

  A remote hearing is where the parties attend ‘remotely’ via video links or telephone. The judge and court staff may be in the court but the parties are not.

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• Hearsay

  Hearsay

  Hearsay is evidence given by someone in court who is reporting what someone else said and not what they know personally. Generally, hearsay is not allowed in court and a person reporting hearsay may be interrupted and asked to stop.

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• High Court - the Family Division

  High Court - the Family Division

  The court system is divided into different types and levels of courts. One of these is the High Court and it hears different types of legal proceedings. The High Court that hears family law cases is part of the Family Division of the High Court.

  This court hears the most complex family cases.

  The High Court also decides on appeals against decisions of the Family Care Centre.

  High Court judges are referred to as 'My Lord' or 'My Lady'.

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I

• ICOS number

  ICOS number

  Integrated Court Operation System number

  The unique identifying number that the Northern Ireland Courts and Tribunal Service assigns to each case that goes through Northern Ireland’s legal system. It is also called the case number. It is used on case documents and formal written statements.

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• Injunction

  Injunction

  A court Order from a judge that prevents a person from doing something - also called a negative injunction - or requires a person to do something – also called a mandatory injunction.

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• Interim Contact Order

  Interim Contact Order

  A ruling or judgment (called an Order) made by a judge to allow temporary arrangements for contact with a child. The judge can make an Interim Contact Order during a case, before a final decision is made.

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• Interim contact

  Interim contact

  See also Interim Contact Order

  Temporary arrangements for contact with a child. The judge can make an Interim Contact Order during a case, before a final decision is made.

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J

• Judgment

  Judgment

  The final decision made by a judge in a court case.

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• Jurisdiction

  Jurisdiction

  The authority given by law to a court to hear cases and rule on them. A jurisdiction can be geographical and / or related to the type of legal case.

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L

• Lay Magistrates

  Lay Magistrates

  Also known as Lay Members (of the panel)

  People involved in making the decisions with the judge. They are not legally trained but they are appointed by the Northern Ireland Judicial Appointments Commission. They are volunteers whose role it is to ‘serve the community’ and who have a good level of social awareness.

  Up to two Lay Magistrates sit on the panel with the District Judge in the Family Proceedings Court at the Magistrates’ Court.

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• Lay Members (of the panel)

  Lay Members (of the panel)

  Also known as Lay Magistrates

  Up to two Lay Magistrates sit on the panel with the District Judge in the Family Proceedings Court at the Magistrates’ Court. They are involved in making the decisions with the judge. They are not legally trained but they are appointed by the Northern Ireland Judicial Appointments Commission.

  They are volunteers whose role it is to ‘serve the community’ and who have a good level of social awareness.

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• Leave (of the court) 

  Leave (of the court) 

  When an individual requires permission (also called leave) of the court before doing something.

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• Legal aid

  Legal aid

  A government funded scheme that can cover some or all the costs of a lawyer.

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• Legislation

  Legislation

  Laws approved by and passed through the Northern Ireland Executive or UK Parliament.

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• Listed

  Listed

  A case is listed when a date has been scheduled for a hearing.

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• Litigant in person

  Litigant in person

  Also known as an unrepresented litigant or personal litigant.

  A person who goes to court without a lawyer.

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M

• Magistrates’ Court

  Magistrates’ Court

  See also Family Proceedings Court

  The court system is divided into different types and levels of courts. One of these is the Magistrates’ Court and it hears different types of legal proceedings. The Magistrates’ Court that hears family law cases is known as the Family Proceedings Court.

  Most family cases start at the Family Proceedings Court.

  Judges in Family Proceedings Court are District Judges and are referred to as 'Your Worship'.

  See also County Court.

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• McKenzie Friend

  McKenzie Friend

  A person who can attend court proceedings with a litigant in person to provide moral support, take notes, help with case papers and quietly advise on the conduct of the case. A McKenzie Friend cannot speak on the litigant’s behalf or to anyone in the court without the judge’s permission.

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• Mediation

  Mediation

  Also known as family mediation

  A way to try to resolve a dispute without going to court. A neutral third-party mediator can help families work out an agreement about future arrangements for their child.

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• Motion

  Motion

  A formal request from a party made to a judge for an Order or judgment.

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N

• Non-Molestation Order

  Non-Molestation Order

  A Non-Molestation Order is a civil court Order made against a named person preventing them from harassing, pestering, intimidating or threatening the applicant of the Order.

  Non-Molestation Orders are made in the Domestic Proceedings Court under the Family Homes and Domestic Violence (Northern Ireland) Order 1998.

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• Non-resident parent

  Non-resident parent

  Also known as the contact parent

  The parent who the child does not live with.

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• Notarised

  Notarised

  When a document has been certified as a true copy of the original by having it signed and dated by a notary public. In Northern Ireland all solicitors are notaries.

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• Notary public

  Notary public

  In Northern Ireland, a notary public is a solicitor who is qualified to administer oaths and affirmations, take affidavits and witness and authenticate some types of documents. See here for a list of notaries public in NI: https://collegeofnotariesni.org.uk/

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• Notice of Appeal

  Notice of Appeal

  Also known as the appellant’s notice

  A document that begins the appeal process. This document must be filed with the court (which means accepted by the court office) within a set time limit, usually 14 days.

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O

• Oath

  Oath

  An oath is when you swear to the court that you will tell the truth. It is rooted in religious belief and is different to an affirmation which is not rooted in religious belief.

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• Occupation Order

  Occupation Order

  An Occupation Order is a civil court Order made against a named individual to restrict them from entering or living in the home. Occupation Orders are made in the Domestic Proceedings Court under the Family Homes and Domestic Violence (Northern Ireland) Order 1998.

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• Official Solicitor

  Official Solicitor

  A lawyer who represents people who cannot to represent themselves because they lack mental capacity to do so.

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• Order

  Order

  Also known as a Court Order

  The official judgment or ruling given by a judge.

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P

• Paramount

  Paramount

  The most important, highest or most superior.

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• Parental Responsibility

  Parental Responsibility

  The legal term for all of the rights and responsibilities any parent has towards their child. This means being responsible for the child’s home, safety, well-being and protection. It also means that a person with parental responsibility has the right to receive information from institutions which have responsibilities for the child - such as their school, doctor or the local authority.

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• Parental Responsibility Agreement

  Parental Responsibility Agreement

  A Parental Responsibility Agreement is an agreement made between the mother and the father if they are not married to allow the father to have parental responsibility.

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• Parental Responsibility Order

  Parental Responsibility Order

  A ruling or judgment (called an Order) made by the court which gives parental responsibility to a parent who might not automatically have it for a child.

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• Parenting plan

  Parenting plan

  A written agreement between parents recording how they will share the care of their child after they separate. It is not a legally binding agreement.

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• Party or parties

  Party or parties

  The people involved in bringing the case to the court or responding to the case that the court has been asked to decide on.

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• Pass a case

  Pass a case

  During a hearing or the day’s court business, when a case is passed it means it is postponed to later in the day or until the parties have discussed matters outside of the court.

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• Penal notice

  Penal notice

  A penal notice is a warning to the person named in a court Order that not following the Order may be punishable by imprisonment.

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• Personal litigant

  Personal litigant

  Also known as a litigant in person or an unrepresented litigant

  An individual who goes to court without a lawyer.

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• Pleadings

  Pleadings

  A formal written statement of a party's claims or responses to another party's claims.

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• Position statement

  Position statement

  A written document setting out the issues, concerns and position of the party. This may be requested by the judge.

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• Pre-action correspondence

  Pre-action correspondence

  Letters, emails and other written communication between the parties before the first hearing.

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• Private Family Law Proceedings

  Private Family Law Proceedings

  A court case between family members.

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• Proceedings

  Proceedings

  Action taken in court to settle a dispute.

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• Prohibited Steps Order

  Prohibited Steps Order

  A judgment or ruling (called an Order) by a judge to prevent a parent from carrying out a certain action relating to the child.

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R

• Relocation Order

  Relocation Order

  A judgment or ruling (called an Order) by a judge allowing a parent to relocate with a child if there are good reasons and it is in the child’s best interests.

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• Remedy

  Remedy

  A legal means of correcting a wrongful act or decision.

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• Removal from Jurisdiction Order

  Removal from Jurisdiction Order

  A judgment or ruling (called an Order) by a judge allowing a child to be taken to another jurisdiction permanently.

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• Residence Order

  Residence Order

  A judgment or ruling (called an Order) by a judge to make arrangements for where the child lives until they reach the age of 16.

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• Resident parent

  Resident parent

  The parent who the child lives with.

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• Respondent

  Respondent

  The person who is responding to an application or appeal brought by the applicant. The respondent will be named in the application. Normally, the respondent will be informed in writing that an applicant has made a request relating to the child. The respondent will be told when they should come to the court to respond to the applicant’s request or appeal.

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• Review hearing

  Review hearing

  A court hearing where the judge reviews the progress of the case, including reviewing how any temporary arrangements on contact are working.

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S

• Safeguarding the child

  Safeguarding the child

  The actions and steps taken to protect the child from abuse and ill-treatment.

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• Serve/Serving

  Serve/Serving

  Sending or delivering (called serving) a copy of a document related to the case to the other party. If the other party has a solicitor the documents will be sent to their solicitor. This is known as a document being served on the person who receives it. It should be done in a way required by court rules, so that it can be proved to the judge that the documents were both sent and received.

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• Service

  Service

  The delivery of documents to a person in court proceedings. Proof of service shows that the document was both sent and received.

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• Set aside

  Set aside

  Where a judge cancels a judgment, Order or step taken by one of the parties in the court case.

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• Settle a case

  Settle a case

  When an agreement is reached between the parties outside of the courtroom that ends the case. The settlement is brought to the judge to show that all parties are content with the agreement.

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• Shared Residence

  Shared Residence

  Where a child lives with more than one parent. There does not need to be a 50:50 split of time with each parent.

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• Skeleton argument

  Skeleton argument

  A skeleton argument is a brief outline of the arguments to support a case which will be discussed at a hearing. It includes all the issues - factual and legal - to be decided by the judge and it outlines the argument on each issue.

  The Judiciary of Northern Ireland has given some guidance on skeleton arguments in Practice Direction 1/2016, updated January 2021.

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• Solicitor

  Solicitor

  A lawyer who advises clients, represents them in court and prepares cases for barristers where they are required.

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• Specific Issue Order

  Specific Issue Order

  A judgment or ruling (called an Order) given by a judge about a specific issue relating to any aspect of parental responsibility for a child. For example, an Order granting permission to change a child's surname or to remove them from the jurisdiction.

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• Standard of proof

  Standard of proof

  The level or standard that has to be reached to prove something is true. In family cases, the standard of proof is 'on the balance of probabilities,' which means that it is more probable than not that something is true. This is different from criminal cases where the standard that has to be reached is the prosecution proves ‘beyond reasonable doubt’ that the accused is guilty of the crime they are charged with.

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• Statement of evidence

  Statement of evidence

  Also known as witness statement

  A written statement of evidence to support a party’s case. It is a written summary explaining the background to the disagreement, what the party wants the judge to do and why they think this would be best for the child. It is a formal court document that may be requested by the judge.

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• Stay

  Stay

  A court Order to temporarily delay proceedings.

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• Staying contact or overnight contact

  Staying contact or overnight contact

  When the child stays overnight with the non-resident parent.

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• Step-parent

  Step-parent

  A step-parent is the person married to, or a civil partner of, the parent who has parental responsibility for the child.

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• Striking out

  Striking out

  This is when a judge orders that evidence – written or oral - be removed and no longer relied upon in a case.

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• Submissions

  Submissions

  The arguments made by the parties to the judge. They can be written or oral.

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• Summons

  Summons

  A document from the court which requires the person named in it to attend a court hearing at a specified date and time.

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• Supervised contact

  Supervised contact

  Contact that takes place between a parent and a child where another person is present to oversee the contact.

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• Supervision Order

  Supervision Order

  Where a child is believed to be at risk of significant harm, a Supervision Order can be made by a judge. The Order gives a Health and Social Care Trust the responsibility to supervise the care of a child while the child lives at home or somewhere else.

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U

• Undertaking

  Undertaking

  A formal and legally binding promise to the court to do something or not to do something.

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• Unrepresented litigant

  Unrepresented litigant

  Also known as a litigant in person or personal litigant

  A person who goes to court without a lawyer.

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V

• Vacated

  Vacated

  This is when a hearing is cancelled. This can be either by the consent of both of the parties or the court. Hearings are often vacated when the parties have been able to reach an agreement outside of court or the case is not ready due to some event or issue.

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• Variation of an Order

  Variation of an Order

  This is where the terms or content of a court Order is changed or varied.

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• Vexatious litigant

  Vexatious litigant

  A person who makes applications to court with no reasonable chance of success with the purpose of annoying the other party or the court.

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W

• Welfare Checklist

  Welfare Checklist

  The checklist of factors that judges must be guided by when they consider the welfare/best interests of the child. The Checklist is set out in Article 3(3) Children (Northern Ireland) Order 1995. See also ‘Best interests of the Child’.

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• Witness statement

  Witness statement

  Also known as statement of evidence

  A written statement of evidence to support a party’s case. It is a written summary explaining the background to the disagreement, what the party wants the judge to do and why they think this would be best for the child. It is a formal court document that may be requested by the judge.

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• Without prejudice

  Without prejudice

  A discussion without prejudice is when an offer or suggestion made by one party but is not accepted by the other cannot be used against them or told to the judge.

  Out of court discussions have no relevance to the judge if they are not accepted by both parties. This allows the parties to speak freely when trying to settle the case or agree on issues outside of the court.

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