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Guide to Legal Terms

Agreement: A mutual understanding between you and your former spouse about a particular issue, such as who will have custody of the children, or how your property will be divided. Both verbal and written agreements are legally binding, but a written agreement can be used as proof of what you both agreed to.

Access: Refers to the time the children spend with the parent with whom the children do not normally live.

Also:

• Specified access: Your court order or agreement states exactly when and for how long the children will be with their other parent.

• Supervised access: The children can spend time with the parent who does not have custody only with another adult present.

Affidavit: A written statement, sworn under oath or affirmed in front of a person allowed by law to witness affidavits (called a Commissioner), usually a lawyer, notary or court registry staff member. An affidavit is legally binding and can be used as evidence in court.

Arrears: In family law, arrears refers to spousal or child support that has not been paid (the payor - the person paying maintenance - has fallen behind in making his or her support payments).

Child support: Parents have a legal responsibility to financially support their children, whether they live together as a family or not. After separation or divorce, child support is the amount one parent must pay to the other to support their children. Also called maintenance.

Child Support Guidelines: The rules for calculating the amount of child support one parent must pay to the other parent to help support their child or children. The guidelines apply to all parents who are not together - whether they were married, lived in an opposite- or same-sex common-law relationship, or never lived together at all. (The guidelines also apply to step-parents who meet the legal requirements for being responsible to pay child support. The guidelines include a special rule for calculating the amount a step-parent must pay.)

Child support order or agreement: Specifies how much one or both parents will need to pay in child support. It may be a separate order or agreement, or may form part of a larger divorce order or separation agreement.

Collaborative law: A process where you and your lawyer, and your former spouse and his or her lawyer, make a formal commitment to resolve disagreements outside the court process.

Consent order: A court order made by a judge, usually without a court hearing, when both you and your former spouse agree to the terms of the order.

Court order/order: Document containing directions given by a judge in court; the order tells the people named in it what they are to do about such issues as custody and access or child support. There are legal consequences for disobeying a court order.

Custody: When a family is living together, the parents share custody of their children and together are responsible for providing food, shelter and clothing. After separation or divorce, custody is used to describe who will live with the children and be responsible for providing daily care.
Also:

• Sole custody: The children live with one parent only.
  

• Joint or shared custody: Can mean a number of different arrangements, including an arrangement where the children live part of the time with one parent and part of the time with the other parent.

Custody and access assessment: A report to the court intended to help the court determine what living situation will best meet the needs of your children.

Defendant: The person who starts a family law proceeding in Supreme Court to settle custody, guardianship, access, support or division of property issues becomes the "Plaintiff." The person with whom the issues need to be settled (usually the Plaintiff's spouse or the other parent of the Plaintiff's child) is the "Defendant" - he or she must respond to the Plaintiff's proceeding. (In Provincial Court, Plaintiffs are called "Applicants" and Defendants are called "Respondents.")

Divorce: The legal end of a legal marriage. You get a divorce in Supreme Court.

Divorce Act: Federal law that gives the Supreme Court the authority to grant divorces and, as part of the divorce, to deal with child and spousal support, child custody and access.

Divorce order: Court order granting a divorce.

Family Justice Counsellors: Government employees who work out of Family Justice Centres across the province. Family Justice Counsellors are accredited family mediators, specially trained to help families with custody, guardianship, access and support issues.

Family law proceeding: Term used in the Supreme Court for a legal action to settle family law issues, such as custody, guardianship, access, support and the division of property.

Family Maintenance Enforcement Act: BC law that covers procedures for enforcing spousal and child support orders, and outlines the powers and responsibilities of the Family Maintenance Enforcement Program to monitor, collect and enforce child and spousal support payments.

Family Relations Act: BC law that covers child custody, guardianship, access, spousal and child support, and the division of property.

Family support/support: Financial support for a former spouse and/or children that must be paid under a court order or agreement. Also called maintenance.

Guardianship: When a family is living together, the parents share guardianship, which is the responsibility for making major decisions about such things as what kind of education, health care or religious training the children will receive, and how to manage anything the children may own, such as property or money. After separation or divorce, guardianship can be left in the hands of one parent, or shared between the parents.

Interim order: A short-term court order granted prior to a trial or a final court order. The order - which may be used to temporarily settle such issues as custody, access or support - will remain in effect until the court makes a final decision or until you and your former spouse reach an agreement.

Interlocutory (interim) order: A short-term court order granted prior to a Supreme Court trial or a final court order. The order - which may be used to temporarily settle such issues as custody, access or support - will remain in effect until the court makes a final decision or until you and your spouse reach an agreement.

Interjurisdictional Support Orders Act: BC law that covers procedures for applying for a support order or to change or enforce a support order if one person lives in BC and the other person lives elsewhere in Canada or in the US or another country with which BC has a reciprocal agreement.

Judicial Case Conference: If you go to the Supreme Court to settle custody, guardianship, access, support or division of property issues, you will be required to attend a Judicial Case Conference before you can apply for either an interlocutory (interim) order or a summary trial. A Judicial Case Conference is a private, informal hearing, with no testimony from witnesses or other formalities. The judge will talk with you and your spouse to determine exactly which issues you agree on and which are in dispute, and whether the issues can be resolved without a trial. If you cannot come to an agreement without a trial, the judge will take steps to make sure your trial is heard as soon as possible.

Maintenance: Financial support for a former spouse and/or children that must be paid under a court order or agreement. Also called support or family support.

Maintenance order or agreement: Specifies the amount one former spouse must pay to the other in spousal and/or child support. It may be a separate order or agreement, or may form part of a larger divorce order or separation agreement. Also called a support order or agreement.

Master: A master hears cases in Supreme Court. A master has the same powers as a judge to make interim - temporary - orders for custody, access, guardianship and support, but cannot make final orders or divorce orders.

Mediation: In mediation, you and your former spouse work with a person who is specially trained to help you reach an agreement.

Mediator: A specially trained person who acts as a neutral third party to help people involved in a dispute come to a mutually acceptable agreement.

Payor: The person paying maintenance (child and/or spousal support).

Pension: A regular payment made, or to be made, to a retired person by a former employer or government agency.

Plaintiff: The person who starts a family law proceeding in Supreme Court to settle custody, guardianship, access, support or division of property issues becomes the "Plaintiff." The person with whom the issues need to be settled (usually the Plaintiff's spouse or the other parent of the Plaintiff's child) is the "Defendant" - he or she must respond to the Plaintiff's proceeding. (In Provincial Court, Plaintiffs are called "Applicants" and Defendants are called "Respondents.")

Pre-Trial Conference: A meeting before a Supreme Court judge or master to make sure you and your spouse are ready to present your case at a trial. (In the Provincial Court, this meeting is called a "Trial Preparation Conference" and will be before a Provincial Court Judge.)

Property: Includes everything you own, such as your car, house, television, appliances, and furniture. It also includes bank accounts, pension benefits, insurance policies, stocks, bonds and other investments.

Protection order: An order (either a peace bond or a restraining order) made by a judge to protect one person from another. The order lists certain conditions the person named in it must follow - usually that he or she can have no direct or indirect contact with the other person. If the person disobeys the conditions, he or she may face significant consequences, including a fine and/or jail.

Provincial Court: The Provincial Court is divided into several divisions, each dealing with a different aspect of the law - such as small claims or traffic. The family division of the Provincial Court (often called Family Court) grants court orders for custody, guardianship, access, spousal and child support.

Recipient: The person receiving maintenance (child and/or spousal support).

Registrar's Certificate: A form signed by Supreme Court registry staff to show a judge that they have checked the documents you have filed in your family law proceeding, and they are satisfied everything is procedurally correct. The certificate is only required if you are asking for a divorce; the judge won't make a final order for divorce, unless there is a signed registrar's certificate on file.

Separation: When two people, who have been living together in a marriage or marriage-like relationship, decide not to live together any more. (There is no such thing as a "legal" separation; if you are living apart, you are separated.)

Separation agreement: A comprehensive, written agreement between you and your former spouse stating what you have agreed to about such issues as custody, guardianship, access and support, and how you will divide property.

Spousal support: Financial support paid to a former spouse under a court order or agreement. Also called maintenance; sometimes referred to as alimony in other locations outside BC.

Spouse: The person you have been married to or the person you have been living with in a marriage-like, common-law relationship - in other words, your wife, husband, opposite- or same-sex partner.

Statement of Claim: The Statement of Claim goes with the Writ of Summons to start a family law proceeding in Supreme Court. In it, you (the Plaintiff) provide background information about who you are, your relationship to the Defendant and what you are asking the court to decide - for example, child custody, support or how to divide property (also known as "the family assets").

Statement of Defence: In Supreme Court, if the Defendant opposes or disagrees with the Plaintiff's Statement of Claim, he or she will file a Statement of Defence explaining his/her position about such issues as child custody or support.

Summary Trial: In Supreme Court, a summary trial - also called a Rule 18A application - is a quicker alternative to a full trial, using written affidavits only instead of witnesses.

Summons: Court order that requires a person to appear in court at a specific time.

Support/ family support: Financial support for a former spouse and/or children that must be paid under a court order or agreement. Also called maintenance.

Support order or agreement: Specifies the amount one former spouse must pay to the other in spousal and/or child support. It may be a separate order or agreement, or may form part of a larger divorce order or separation agreement. Also called a maintenance order or agreement.

Supreme Court: The Supreme Court handles both criminal and civil matters. On the civil (family law) side, the Supreme Court grants divorces and court orders for custody, guardianship, access, spousal and child support, and the division of property.

Writ of Summons: The Writ of Summons in the first step in starting a family law proceeding in Supreme Court. It is the official notice the Plaintiff will give to the Defendant, stating that you have started a family law proceeding in the Supreme Court. The writ also tells the Defendant what he or she needs to do next to reply to your action.