1.

Absent Parent
A parent who no longer lives with his / her children.
2. Acknowledgement of Service
In England and Wales the respondent receives this standard court form along with
the divorce petition. The form must be completed by the respondent to
acknowledge receipt of the petition. The respondent must declare on the form
whether they intend to defend the petition.
3. Adultery
Sexual intercourse between a spouse and an individual to whom they are not
married. This is one of five ‘facts' which establish a ground for divorce in the
UK: the petitioner must have discovered the adultery within the last 6 months.
4. Affidavit
A written statement of evidence. An affidavit must be either be sworn on a
religious text (e.g. the bible) or affirmed to be true.
5. Alimony
Regular payments by one party of a marriage to another in the US (known as
‘maintenance' in the UK).
6. Ancillary relief
In England and Wales a financial claim brought by a spouse through the courts
when petitioning for divorce, nullity or judicial separation. An application for
ancillary relief can be for a capital sum, maintenance payments, a property
adjustment or a combination thereof.
7. Annulment
The dissolution of a marriage in legal proceedings in which the marriage is
declared null and void as though it never occurred.
8. Answer
A written defence to a divorce petition in England and Wales.
9. Attorney
A lawyer in the US.
10.Barrister
A lawyer in England and Wales who has rights of audience before the courts.
CAFCASS (Children and Family Court Advisory Support Services)
CAFCASS officers in England and Wales are responsible for preparing
independent reports to help the court decide what arrangements will be in the
children's best interests.
11.Child of the Family
In England and Wales this is a child who has been treated by a married couple as
a child of the family. Step children can be children of the family.
12.Clean Break
Under the Matrimonial Causes Act 1973 in England and Wales, courts are
encouraged to seek a ‘clean break'. This is a financial settlement by which neither
party has an ongoing financial commitment to the other during their lifetimes or
on death. This may be difficult to achieve when there is an ongoing obligation to
maintain children.
13.Cohabitatio
The state of an unmarried couple, who share a relationship, living together.
14.Conciliation
Another term for mediation in the UK.
15.Consent Order
In England and Wales, an agreement (often financial) between parties which has
been made legally binding and enforceable by a court.
16.Contact
The arrangements for the absent parent in England and Wales to spend time with
his / her child(ren). This used to be called ‘access'.
17.Co-Respondent
An individual named in a divorce petition in England and Wales with whom the
adulterous party has had sexual intercourse. A co-respondent need not be named
unless the petitioner is seeking to claim costs from them.
18.Counsel
Another term for a barrister.
19.CSA (Child Support Agency)
A government agency in England and Wales that ensures absent parents pay
maintenance for their children.
20.Custody
Previously the term in the UK for the parent who had chief rights over the
children. This term is still used in the US.
21.Decree Absolute
In England and Wales the final court order that dissolves a marriage.
22.Decree Nisi
From the Latin meaning literally ‘decree unless', this is an interim stage in
divorce proceedings in England and Wales. It is the point at which a court has
decided that there are grounds for divorce and represents an indication that the
marriage can be dissolved unless sufficient evidence is adduced to the contrary.
23.Domicile
The legal relationship between an individual and a country. Domicile is usually
established by an individual being resident in a country with an intention to make
it their permanent home.
24.Ex Parte
An application to a court in England and Wales by one party without notification
to the other party.
25.Financial Dispute Resolution Appointment
Often abbreviated to FDR, this is a stage in the courts in England and Wales
following an application for ancillary relief. It is the second court appointment
and provides an opportunity for a judge to give his / her opinion on the parties'
true positions, and to encourage settlement. A judge involved in an FDR is not
involved in a final hearing should the case proceed that far.
26.First Directions Appointment
Also known as a ‘first appointment' this is the first stage in the courts in England
and Wales following an application for ancillary relief. Prior to the first
appointment, the parties must disclose their financial positions and a judge may
ask for further information in the form of expert evidence.
27.Guardian (also Childrens Guardian)
An individual appointed to represent the interests of a child in England and
Wales.
28.Grounds for divorce
In England and Wales the basic ground for divorce is that the marriage has
irretrievably broken down. One or more of five ‘facts' must be established to
prove this breakdown. These are: adultery, unreasonable behavior, and desertion,
two years separation with consent and five years separation without consent.
29.Hague Convention
The principle underpinning the Hague Convention on the Civil Aspects of
International Child Abduction is that matters concerning custody of a child are
best decided in the country of the child's habitual residence. The Convention
requires the judicial / administrative authorities in any Convention State to which
a child has been removed to act swiftly to determine whether the child has been
wrongly removed.
30.Injunction
A court order that prevents an individual from certain behaviour or directs certain
behaviour. Failure to comply with the order may result in imprisonment.
31.Judicial Separation
An alternative to divorce in England and Wales. Whilst not ending the marriage it
allows the court to look at the financial arrangements (though not pensions)
between the parties. It is usually used when the parties have an overriding reason
for not wanting a divorce.
32.Maintenance
Regular payments by one party of a marriage to another in the UK (known as
‘alimony' in the US). Such payments can be by court order or by agreement and
can be either to provide for the other party, or for the children, or for both.
33.Maintenance Pending Suit
A temporary order by a court in England and Wales for maintenance to be paid
until ancillary relief proceedings are concluded.
34.Marital Property
Property and debt that a couple acquire during their marriage.
35.Matrimonial Home
A property inhabited by a married couple.
36.Matrimonial Home Right
In England and Wales, when the matrimonial home is in the sole name of one
spouse, the other can register with the Land Registry that they have a right of
occupation in that property. This provides some protection against the property
being sold while the parties are still married.
37.Mediation
An alternative to the court process, mediation is conducted by a third party to
help parties reach agreement on issues between them. A mediator will not advise
or impose a settlement but rather encourage mutual agreement.
 38.Non-Molestation Order
A court order in England and Wales that prevents an individual from using
violence against or harassing another.
39.Nullity
Where a court declares a marriage to be annulled in England and Wales. A nullity
is available only in very limited circumstances.
40.Order
A direction by a court that must be obeyed.
41.Occupation Order
An order by a court in England and Wales confirming or denying an individual's
right to occupy a property.
42.Parental Responsibility
The rights and responsibilities of a parent over his / her child (e.g. decisions about
education). In England and Wales adults who are not a biological parent can have
parental responsibility and an adult can apply to a court for parental
responsibility.
43.Parent with Care
A term in England and Wales for the parent with whom the child lives and who
has primary responsibility for a child's care.
44.Party
A participant in court proceedings (usually the husband or wife in divorce cases).
45.Paternity
A paternity issue is an issue about the identity of a child's biological father.
46.Pension Ear Marking Order
An order by a court in England and Wales that an individual pays some of their
pension, on retirement, to their spouse. Such orders are relatively infrequently
made, having been somewhat superseded by pension sharing orders.
47.Pension Sharing Order
An order by a court in England and Wales that gives a proportion of one spouse's
pension rights to the other. The order is carried out directly rather than on
retirement (in contrast to a pension ear-marking order).
48.Periodical Payments
Another term for maintenance in England and Wales.
49.Petition
The document that initiates the divorce. In England and Wales the petition
contains the parties' details, the cause of the marriage breakdown and, in broad
terms, the financial claims.
50.Petitioner
The individual who initiates the divorce, judicial separation or annulment.
51.Prayer
The section of the petition in England and Wales that asks the court to make
orders in favour of the petitioner.
52.Prohibited Steps Order
A court order in England and Wales that prohibits particular action in relation to a
child (e.g. removing from the country, changing surname etc.).
 53.Property Adjustment Order
An order by a court in England and Wales that adjusts the ownership of property.
Such an order can transfer property (e.g. a house) from one spouse to another or it
can transfer it from joint names into the name of just one.
54.Qualifying domestic relations order (QDRO)
In the US a court order relating to the provision of child support, alimony
payments or marital property rights.
55.Reconciliation
Married people who have fallen out getting back together.
56.Residence
In England and Wales a term referring to which spouse a child will live with.
57.Residence Order
A court order in England and Wales stating with whom a child will live.
58.Request for Directions
An application to a court in England and Wales for a decree nisi.
59.Respondent
The spouse who is being divorced and on whom the petition is served.
60.Separation Agreement
A written agreement in England and Wales between parties upon separation.
61.Solicitor
A lawyer in England and Wales that advises a client and prepares a case. While a
solicitor may have rights of audience in courts, a client will often be represented
in court by a barrister.
62.Statement of Arrangements
A standard court form in England and Wales that must be completed to indicate
arrangements for the children. The form must be submitted with the petition.
63.Subpoena
A court order requiring an individual to give evidence in court.
64.Unreasonable behaviour
One of the five ‘facts' in England and Wales that establish that the marriage has
irretrievably broken down and that there is therefore a ground for divorce. One
party alleges that the other has behaved so unreasonably that they cannot be
expected to continue to live with them.
65.Visitation
The right of a parent of child in the US to visit each other when the child resides
with the other parent.
66.Ward of Court
An order by a court in England and Wales that means that all decisions regarding
a child's upbringing must be approved by the court.

67.Access, Right of Access. Child’s right to contact with both parents. See also
Frequent and Continuing Contact.
68.“Best Interest of the Child.” If a judge decides a custody/parenting plan
case, the judge tries to decide what would be best for the child based on all
of the testimony and other evidence in the case.
69.Case, Case Law. Previous cases decided by courts of appeal are published
and used by judges to make decisions in current, similar cases.
70.Change in Circumstance. Before modifying (changing) a custody order, a
court requires a parent to show that a change in the conditions affecting the
child has occurred since the last court order and that a change would be in
the child’s best interests. The court decides what is considered enough of a
change in circumstances to justify modifying the order. Parents may modify
their parenting time either by agreement, or by showing the change will be
in the child’s best interests.
71.Child Support. Money paid by one parent to the other, or to the Division of
Child Support, to help meet the needs of the child for housing, food,
clothing, transportation, etc.
72.Child Support Guidelines. The formula created by the legislature to
determine how much money each parent should contribute to the support of
his or her children. Code. See Statute.
73.Confidential. When a conversation, information, or other communication is
confidential, none
74.of the participants can testify in court about what was said. Confidentiality is
different with different professionals. You may want to ask the professional
person (attorney, mediator, therapist, counselor) what the rules are.
75.Co-Parents. Parents who share responsibility for raising a child even though
the parents no longer live together.
76.Court Order. Any order made by a judge; the order may be written by the
judge or submitted by a party or attorney and signed by the judge. The
parties may agree to plan and, when the judge signs it, it becomes a court
order or Judgment. See also Stipulation.
77.Custody. In Oregon, “custody” means the right to make major decisions for
the welfare of a child. Major decisions include routine medical care,
religion, education and residence. Custody may be either joint with both
parents or sole with one parent. “Sole custody” does not give one parent the
right to move away with the child without notice to the other parent unless
the order specifically gives that right. Having custody does not necessarily
mean having the child live with you (see also Parenting Time). See also
Regular, Split, and Shared Custody for child support terms.
78.Division of Child Support. The state agency that handles child support
where one of the parents is receiving public assistance or the Oregon Health
 Plan or cases in which the child is receiving state-paid foster care or is in the
custody of the Oregon Youth Authority. The county District Attorney’s
office handles child support where no public assistance is involved.
Dissolution of Marriage.
79.Divorce. The legal process of dissolving a marriage; where parents have not
been married, they can file a petition for custody (or filiation petition) to
obtain orders for custody and a parenting plan.
80.Domestic Violence. A learned pattern of physical, verbal, sexual, and/or
emotional behavior in which one person in a relationship uses force, fear and
intimidation to dominate or control the other person, often with the threat or
use of violence. Domestic violence is a crime.
81.Ex Parte. An order or proceeding (like a hearing) that is heard by a judge
for the benefit of one party without notice to the other party.
82.Facilitator, Family Law Facilitator. A court employee who helps parents
without attorneys by providing assistance with common family law forms
and giving information about court procedures and other sources of help in
their communities.
83.Family Abuse Prevention Act (F.A.P.A.). That law that authorizes courts
to issue protective orders (a special type of restraining order) where there
has been violence or other forms of abuse within a family. F.A.P.A. orders
may include orders for custody and a parenting plan.
84.Family Law. The law that relates to family relationships. It includes laws
about divorce, custody, parenting plans, property division, child support,
spousal support (“alimony”) and other topics. The law is made up of both
statutes and cases.
85.“Father’s Rights.” Judges are required to base decisions on the best
interests of the child; they may not determine between parents on the basis
of gender.
86.Filiation Petition. Legal papers asking the court or a child support agency
to declare who is the father of the child. A parent can also ask the court to
make an order regarding custody, parenting plans, and support once
paternity is established.
87.Filing. Turning your legal papers into the clerk of the court.
88.Frequent and Continuing Contact. Parenting plans should provide a child
regular contact with both parents so the child has a genuine, on-going
relationship with each parent, unless it puts the child in serious danger.
89.“Grandparent’s Rights.” Grandparents and others who have an established
relationship with a child may ask a court to make orders guaranteeing them
time with the child.
90.Guardianship. If neither parent is able to care for a child at a given time, a
court may appoint a guardian. The guardian has the right to make all
decisions for the welfare of the child until the guardianship is ended by the
court, usually when it is no longer needed.
91.Hearing. A motion or other legal action that is handled in the courtroom.
Parties and attorneys may call witnesses and introduce evidence. A judge
will make a decision based on all of the evidence and the decision will
become a court order.
92.Holiday. Each family has certain holidays and special occasions that it
celebrates. A parenting plan would specify who the child will spend holidays
with and define each holiday so both parents know when it begins and when
it ends.
93.Indian Child Welfare Act (I.C.W.A.). A federal statute providing Native
American families and tribes special notice regarding possible adoptions or
other custody orders about Native American children.
94.Joint Child. A term used in child support determinations meaning the
dependent child who is the son or daughter of both the mother and the father
involved in the child support case. In those cases where only one parent
seeks child support, a joint child is the child for whom support is sought.
95.Joint Custody. Parents share the responsibility to make major decisions for
their child (see also Custody). Joint custody does not mean that the child
spends equal time with each parent. Both parents have to agree for joint
custody to be ordered. See also Parenting Time.
96.“Limited Legal Services.” An arrangement with an attorney to receive help
on some parts of a case for a set fee or limited fees.
97.Mediation. A meeting with a trained, neutral third party who helps the
parties try to solve problems cooperatively. Most courts provide mediation
of custody and parenting plan problems up to a certain number of hours.
Mediation may occur face to face or separately, if necessary. Mediation is
confidential. The mediator does not tell the parents what they should do or
make a recommendation to the court.
98.“Mother’s Rights.” Judges are required to base decisions on the best
interests of the child; they may not discriminate between parents on the basis
of gender.
99.Motion. A formal request filed with the court. A judge makes a decision to
allow or deny the request, usually after a hearing or trial.
100. No-Fault Divorce. Under Oregon law, it is not necessary to prove that
either husband or wife did anything wrong.
101. Non-Joint Child. A term used in child support determinations
meaning the legal child of one, but not both of the parents.
102. Parenting Plan. A document that states when the child will be with
each parent and how decisions will be made. The parenting plan may be
developed by the parents, through mediation, with the help of attorneys or
by a judge after a trial or hearing. See also Custody.
103. Parenting Time. The actual time a child is scheduled to spend with a
parent. During parenting time that parent has primary responsibility for
making routine decisions for the child but not major decisions. See also
Custody.
104. Paternity Petition. See Filiation Petition.
105. Petition for Custody. If parents have never been married, instead of
filing a dissolution of marriage (divorce) they file a petition for custody (or
filiation petition) in order to get court orders for custody and a parenting
plan.
106. Physical Custody. See Custody and Parenting Time.
107. Pro Se. Filing legal papers by yourself, without a lawyer. It can also
mean appearing in court in front of a judge by yourself, without a lawyer.
108. Primary Residence. Oregon law allows parents who agree on Joint
Custody to designate one home as primary residence. There is no definition
in the law for this term. The term is also used to determine public benefits. If
you receive TANF or public assistance, there are rules about this designation
which may affect your eligibility to receive benefits. You should consult
with your caseworker or an attorney regarding the consequences of
indicating in your parenting plan at which parent’s home the children will
primarily reside.
109. Psychological Parent. Sometimes a person who is not a biological
parent (like a step-parent or live-in partner) takes on major responsibilities
for a child and is seen by the child as a “parent.” In certain cases, a judge
may provide for the child to continue to have scheduled time with this
psychological parent.
110. Public Benefits. Also called “public assistance.” Money or medical
assistance received by a parent based on their own need, or based on the
needs of the children who live with them. Benefits are paid by the Adult and
Family Services Division, Department of Human Services. Types of public
assistance include Temporary Assistance to Needy Families (TANF) and
Oregon Supplemental Security Income.
111. Regular Custody. A term used in calculating child support. It means
the child spends at least 65% or more of his/her overnights with one parent.
112. Rules, Rules of Court. Many court procedures are controlled by
statewide rules (The Uniform Trial Court Rules or UTCR) or by local court
rules.
113. Safety Focused Parenting Plan. A parenting plan specially created
for families where there is mental illness, drug addiction, domestic violence,
child abuse, or other circumstances that impact safety of the child or a
parent. The Oregon Judicial Department and State Family Law Advisory
Committee are currently developing such a plan. If you determine that your
situation requires a safety-focused parenting plan, you should consult with
an attorney.
114. Self-Represented. An individual who files a court case without using
the services of an attorney. See also Pro Se.
115. Shared Custody. A term used in calculating child support. It means
the child spends at least 35% of the overnights with each parent.
116. Sole Custody. One parent has the right and responsibility to make
major decisions for the welfare of the child. See also Custody.
117. Split Custody. A term used in calculating child support, meaning a
joint child spends at least 65% or more of his/her overnights with one parent
and another joint child spends at least 65% or more of his/her overnights
with the other parent. See also Joint Child.
118. Status Quo. A child’s usual place of residence, current schedule, and
daily routine for at least the last three months.
119. Status Quo Order. A court may enter an order that keeps the “status
quo.” See above.
120. Statute. Laws passed by the state legislature (or adopted by initiative).
121. Stipulation. A formal agreement of the parties. When it is written up
and signed by both parties and the judge, it becomes a court order.
122. Supervised Parenting Time. Parenting time during which the parent
and child must be in the presence of another specified adult. Supervised
visitation may be ordered where there has been domestic violence, child
abuse or a threat to take the child out of the state.
123. Transition. The moving of a child from one place where they are
taken care of (home, school, day care, etc.) to another.
124. UCCJEA. See Uniform Child Custody Jurisdiction and Enforcement
Act.
125. Uniform Child Custody Jurisdiction and Enforcement Act
(UCCJEA). A statute adopted by many states to help judges decide what
state should make custody and parenting time decisions and to make it easier
 to enforce custody and parenting plans across state lines. Oregon has
adopted this statute.
126. Visitation. Term no longer preferred. See Parenting Plan, Parenting
Time.