About the Lawcards Series

Family Lawcards Glossary

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Adoption: A court order which legally recognises the placing of the care of a child with an adoptive parent(s). The child may be adopted by one or two non-biological adoptive parents, in which case, the adoptive parent(s) would be granted parental responsibility for the child and the biological parent's(s)' parental responsibility would cease. Adoption may also occur where a step-parent wishes to adopt their partner's child and therefore the adoptive step-parent would share parental responsibility with the biological parent.

Ancillary Relief: The distribution of finances and property upon divorce, a decree of nullity or judicial separation.

Care Order: An order placing the child in the care of the designated local authority (NB. residence does not have to be with the LA and is determined by the care plan). A care order confers parental responsibility on the LA.

Child Support Agency: A government body set up to deal with the payment of maintenance from the non-resident parent for children cared for by the primary carer.

Civil Partnership: A relationship between two people of the same sex which is formed when they register as civil partners of each other in England & Wales.

Clean Break: A division of finance and property which allows the parties to be independent of one another after the dissolution of the marriage.

Contact Order: An order regulating the contact a child has with one or both of his/her parents. A contact order can be for direct contact, indirect contact or no contact.

Emergency Protection Order: A short term protective order permitting the applicant (usually the Local Authority) to remove the child from the home where there is reasonable cause to believe that the child is suffering or is likely to suffer significant harm if he/she is not removed; or enquiries that are being made of the child's welfare are being frustrated as access to the child is being unreasonably denied.

Ex Parte Application: An application for an order made by the applicant without serving notice on the respondent.

Gillick Competence: A child under 16 years who has sufficient understanding and maturity to be able to make decisions for his/herself.

Harm: Ill-treatment or the impairment of health and development including physical, emotional, intellectual, social or behavioural development.

Home Rights: The right of a non-home owning spouse not to be evicted or excluded from the home by the home owning spouse.

Ill-treatment: Includes sexual abuse and forms of ill-treatment which are not physical.

Inherent Jurisdiction: The power of the court to resolve an issue regarding a child. The court can make an order of its own motion irrespective of whether any other person has made an application.

Interim Care/Supervision Order: An order made after the LA's initial application for a care/supervision order, so as to allow for further inquiries and reports to be undertaken and submitted to the court pending the full hearing for a final order. The court shall not make an interim order unless satisfied that there are reasonable grounds for believing that the threshold criteria are made out.

Non-molestation Order: An order prohibiting a person from doing an act (specific or general) which molests the person in whose favour the order is made.

Occupation Order: An order requiring a person to leave the home or an order permitting a person to re-enter and/or remain in the home.

Parental Responsibility: All the rights, duties, powers, responsibility and authority a parent has in relation to a child.

Pre-nuptial Contract: A contract entered into by the parties prior to marriage regarding such things as the division of assets should the parties divorce.

Prohibited Steps Order: An order that a particular step us not taken by a parent in carrying out his/her parental responsibility.

Residence Order: An order regulating where a child should live. Can include shared residence between more than one home.

Specific Issue Order: An order giving a direction determining a specific question which has arisen whilst carrying out the duties arising from parental responsibility.

Supervision Order: An order putting the child under the supervision of the designated LA.

The Threshold Criteria: A court may only make a care/supervision order if it is satisfied that, the child concerned is suffering or is likely to suffer significant harm; and that the harm or likelihood of harm is attributable to the care given to the child, or likely to be given to the child if an order is not made, not being what it would be reasonable to expect a parent to give to him; or the child being beyond parental control.

Undertaking: A promise made by the respondent to the court in the terms of the order sought by the applicant, thereby alleviating the need for the court to make an order. It is at the discretion of the Judge to accept an undertaking subject to certain statutory exceptions.

Void marriage: A marriage which is contrary to legal formalities. Such a marriage is void ab initio and therefore never existed. As a matter of public policy, a declaration of nullity of a void marriage can be sought by any third party.

Voidable marriage: A marriage which contains an inherent defect which makes an annulment available to the parties. It is up to the parties to decide whether they wish to exercise their rights by relying on the defect to end the marriage.

Wardship: Parental responsibility for the child is vested in the court. However, the power of the court is wider than the parents and is derived from the State's duties to protect its citizens.

Welfare Checklist: The criteria listed in section 1 (3) Children Act 1989. The court should have regard to the criteria in determining what is in the best interests of the child.

Welfare Principle: The child's welfare is the paramount consideration when deciding issues regarding the child's upbringing or the administration of the child's property.