Family law words explained A-Z

The following is a list of common legal jargon used by family lawyers or in family law courts. These have been sourced from the Family Law Courts of Australia, the Federal Magistrates Court and other sources. This is a guide only and should not be used instead of specific legal advice.
 

Accredited family law specialist - solicitors who have satisfactorily completed an advanced study program through the Queensland Law Society in family law.

Affidavit - a written statement by a party or witness. It is the main way of presenting the facts of a case to the court. An affidavit must be signed before an authorised person (such as a lawyer or Justice of the Peace) by way of swearing on the Bible or attesting to the truth of the contents of the statement.

Binding financial agreement - this is an agreement entered into after the breakdown of the marriage or a relationship that defines how the property or financial resources of either or both parties is divided.

Collaborative law - a negotiation model in family law where clients and their lawyers work together to resolve a dispute without going to court. The aim is to reach a fair agreement while minimising costs, delays and stress.

Consent order – an agreement between the parties that is approved by the court and then becomes a court order.

Child Support Agency (CSA) – the government agency responsible for administering Australia's Child Support Scheme, supporting separated parents to transfer payments for the benefit of their children.

Child maintenance – or “child support” is ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship.

Custody - the “old” word for what is now called “parenting orders”. It is an arrangement whether under a court order or by voluntary agreement as to where the child shall live.

Domestic Violence - occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate or harm the other through physical violence, sexual abuse, emotional abuse, intimidation, economic deprivation or threats of violence.

Divorce - (or civil partnership equivalent is “dissolution”) meaning that the court makes an order to end a marriage.

Family dispute resolution – a process whereby a family dispute resolution practitioner assists people to resolve some or all of their disputes with each other following separation and/or divorce.

Family report – a written assessment of a family by a family consultant. A report is prepared to assist a court to make a decision in a case about children and normally all the children, the parents and significant adults are interviewed.

Family violence – conduct (whether actual or threatened) by a person towards a family member, or property of a family member, that causes reasonable fear (or reasonable apprehension) for his/her personal wellbeing or safety.

Family violence order – an order made under Commonwealth, state or territory legislation to protect a person, including a child, from violence.

Hague Convention – Australia is party to the Hague Convention on the Civil Aspects of International Child Abduction (the Abduction Convention) - an international treaty under which arrangements are made for the return of children who have been wrongfully removed from, or retained outside, their country of habitual residence.

Independent children's lawyer - a lawyer appointed by the court to represent a child's interests in a case.

Injunction - a court order making a person do, or refrain from doing, something.

Legal Aid – Legal Aid Queensland provides access to justice for disadvantaged Queenslanders by providing free legal information, advice and representation.

Maintenance – spouse or defacto maintenance is financial support paid by a party to a relationship to their former partner in circumstances where they are unable to adequately support themselves.

Mediation - from Latin mediare: 'to be in the middle.' A process in which an impartial third party assists the parties to a dispute in an attempt to bring about an agreed settlement or compromise.

Parenting Plan - a written agreement between the parties setting out parenting arrangements for children. It is not approved by or filed with a court.

Parenting Orders 

Pre-nuptial agreements – married or defacto couples can enter into a binding legal agreement about the financial arrangements should their marriage or de facto relationship break down. Sometimes people know these agreements as 'prenuptial agreements' but the legal term is 'financial agreements'.

Separation – this should be simple – usually there is clearly defined date of separation - but not always so. The “date of separation” is a key issue to be discussed with your lawyer.