Using legal terms is often unavoidable however to make the processes involved more understandable for our clients, we have compiled a ‘cutting the jargon’ glossary:
Abduction - Child abduction is when a person takes or sends a child out of England or Wales without the permission of those with Parental Responsibility or the permission from the court. If a person has a Residence Order or a Child Arrangements Order for a child they will not be acting unlawfully if the child is taken or sent out of England or Wales for less than four weeks without the appropriate consent.
Accommodated children - Parents may agree to having their child removed or ‘accommodated' by Children's Services under section 20 of the Children Act 1989, while an investigation and assessment is carried out.
Barrister - Barristers are legal professionals who specialize in courtroom advocacy, drafting legal pleadings, and giving expert legal opinions.
CAFCASS - Child and Family Court Advisory and Support Service.
Care Order - An order made within Care proceedings placing a child in the care of a Local Authority and giving it parental responsibility. Parental Responsibility is shared with
Care Proceedings - Care proceedings is when Social Services asks the Court to look at your child(ren)’s situation and decide if your child(ren) needs a legal order to protect them and keep them safe. Once proceedings are issued at Court the ultimate decision about where your child is placed is down to the Judge.
Child Arrangements Order - An Order setting out with whom a child is to live, spend time or otherwise have contact; and when a child is to live, spend time or otherwise have contact with any person (not necessarily a parent).
Child of the Family - A child who has been established as a member of the family, including adopted children and stepchildren.
CSA/Child Maintenance Service - A Government organisation that ensure payment of child support.
Children’s Guardian - An officer of CAFCASS (as explained above) is appointed by the court to represent children in care proceedings and in some circumstances private law proceedings.
Conciliation - A meeting between the parents of a child and the CAFCASS representative/officer to discuss arrangements and solutions for the child. If parties cannot reach an agreement the Judge will make the final decision.
Directions - An order from the Court that confirms the actions that must be taken before the next stage in the hearing. Sometimes directions cannot be complied with and the Court must be informed of this.
District Judge - A Judicial Official who will normally hear cases in the County Court
Deed Poll Documentation - Deed of change of name; a legal document that formally changes a name.
Emergency Protection Order - A short term order to remove a child from immediate risk of harm and allow the Local Authority to investigate. It lasts 8 days and can be extended for a further 7 days. The holder of this order would temporarily get Parental Responsibility for the child.
Exclusion order (child protection) - An order Children's Services can apply to the courts for, to have a person removed from the family home for a child's safety if there is an interim Care Order or Emergency Protection Order.
Family Court - The Court which deals with all family cases. Cases can be heard by a Circuit Judges, District Judges or Magistrates in either the County Court or the Magistrates’ Court.
Family Assistance Order - An order to provide assistance to parents following separation or divorce. A family assistance order will make a Cafcass officer available or will request a Local Authority to make one of its officers available in order to assist, advise and (where appropriate) befriend any person named in the order (Children Act 1989, s. 16(1).)
Final Hearing - The Final Hearing is the last hearing in your case. If an agreement cannot be reached, a Judge may need to make a decision in your case. This will involve hearing evidence from the parties and sometimes the Cafcass officer, the Judge will then make a decision based on what they consider to be in the child(ren)'s best interests.
Guardian - Person appointed to formally look after the interests of the child. This person is appointed to ascertain the child’s views, support and give advice to the child whilst in court proceedings.
High Court - The highest tier of Court that deals with family law cases. Hearings take place in front of a very experienced Judge.
Hague Convention - The aims of the Hague Convention are:
- To secure the prompt return of children who have been wrongfully removed to or retained in a contracting state - i.e. to return the abducted child back to his or her place of residence.
- To ensure that rights of residence or contact under the law of one contracting state are effectively respected in other contracting states - i.e. to ensure contact and residence rights issued in one country are implemented and respected in another.
- To rely on the Hague Convention, the child must be under-16 and have been habitually resident in one contracting state and taken to another.
Injunction - An Order of the Court which highlights an action that is required or forbidden from one or both parties. For example forbidding a person from contacting another party.
Interim Order - An Order put in place before a final Order is established. For example, an Interim Order placing the child in the care of the Local Authority within Care Proceedings (as above) until such time as a final decision is made.
Issuing - The process of stamping the initial document and paying the Court fee, when a formal application for an Order is presented at court, this commences the start of the proceedings. You will receive a sealed copy back from the Court of your Application.
Judicial Review - An application to the High Court to review the legality and validity of a decision by a public body. All other remedies must have been exhausted. The court will not look at the merits of the decision but will decide whether the body acted illegally, irrationally or improperly.
Kinship Care - Kinship care is an arrangement where a child who cannot be cared for by their parents goes to live with a relative or a family friend
Legal Aid - Legal Aid helps provide payment of legal costs funded by the Government. There are now a limited number of cases with Legal Aid is available (see separate article on that). Where a Local Authority has issued proceedings concerning children then Legal Aid is available. In cases where domestic violence has occurred legal aid is also available (subject to means test and sufficient evidence of violence).
Leave - Permission provided by the court for a person to make an application when they do not have an automatic right to do so.
Local authority - Overall Administrative Body for your geographic area.
Mediation - A process in which an independent third party will assist in negotiating an agreement
MIAM - Mediation Information and Assessment Meeting. It is a short meeting conducted by a trained mediator who will assess whether mediation is appropriate in the circumstances. It is a requirement for a person to attend a MIAM before making certain types of applications to the Court (certain exemptions apply). For more information, please see our recent post 'Understanding the Mediation Intake Assessment Meeting'.
McKenzie Friend - A person can attend court proceedings with you to provide moral support, take notes, help with case papers and quietly advise on the conduct of the case but cannot speak to the Judge on your behalf.
Non-resident Parent - The parent who the child does not live with but may spend significant time with.
Oversubscription Criteria - This refers to the published criteria that an admission authority applies when a school has more applications than places available in order to decide which children will be allocated a place. The School Admissions Code 2012 sets out which criteria are lawful.
Parental Responsibility - The rights of the Parents to be responsible for all decision making relating to the child. As the law stands. See separate article on when a person has Parental Responsibility.
Prohibited Steps Order - Court Order put in place to prevent any named person from taking a specific action, such as removing a child from the country without getting the court’s permission.
Private Law - The law that deals with private family disputes where the local authority is not involved, when you make an Application for a Child Arrangement Order for example.
Public Law - The law that deals with family disputes concerning children where the local authority is involved.
Public Law Outline [PLO] Meeting - Where Social Services’ are concerned about the welfare of a child(ren), they may be thinking about taking the matter to Court so that they can ask the Court to make Orders to protect the child. In most cases the Public Law Outline requires the social services department to arrange a meeting with the parent(s) and their legal representatives to see if it is possible to reach agreement about what needs to happen to protect the child from harm, so that court proceedings can be avoided.
Resident Parent - The parent with who the child lives with.
Relevant Child - Relevant children are young people aged 16 and 17 who have been "looked after" by the Local Authority for at least 13 weeks since they turned 14 years old and who were accommodated by the Local Authority at some time after their 16th birthday, and who have now left care. They are entitled to particular services.
Section 8 Orders - Orders under section 8 of the Children Act 1989. These are: A Child Arrangements Order, A Specific Issue Order, A Prohibited Steps Order.
Specific Issue Order - A Court Order resulting from an issue that has arisen regarding any aspect of parental responsibility, for example, changing the child’s school.
Solicitor - A lawyer who advises people on the law and can represent them in legal proceedings.
Supervision Order - This is an Order made by the Court in public law children proceedings. It does not give the Local Authority Parental Responsibility but provides that Social Services should advise, assist and befriend a child. The order lasts for 12 months but can be extended on application to the court for a maximum period of 3 years.
Threshold Criteria - The Threshold criteria means the test which must be satisfied before the Court can make a Care or Supervision order in favour of the local authority. The local authority has to prove that: the child is suffering or is likely to suffer significant harm and that this is because of the care being given or likely to be given by the parent falling below a reasonable standard or that the child is beyond parental control.
Usher - Sometimes known as a 'list caller', you will need to introduce yourself to the Usher responsible for the court hearing your case so that they know you are there.
Vacated - When a hearing is cancelled or not effective, this can be either by the consent of both of the parties or the court. In cases involving children, hearings are often vacated as the parties have been able to reach an agreement outside of court.
A checklist all Judges must have regard to when deciding to make a Section 8 Order under the Children Act 1989:
- the wishes and feelings of the child
- the child's physical, emotional and educational needs
- the likely effect on the child of any change in circumstances
- the child's age, sex, background and any other of his or her characteristics which the court considers relevant
- any harm which the child has suffered or is at risk of suffering
- how capable each parent (and any other relevant person) is of meeting the child's needs.
Contact Howells Solicitors - Experts in Family Law
If you are experiencing difficulties within your family and you need legal advice, Howells Solicitors can help. We understand how sensitive and difficult these issues can be, and our experienced team are here to offer you support, guidance and understanding.
Call us free on 0808 178 2773 for more information.