The following are informal definitions for common terms used in family law (and substituted decision-making law). They are intended to give you a simple but working understanding of these words and phrases. It is not intended to provide a full and formal legal definitions. The focus is on he family law (or substituted decision-making law) ... the terms may have different definitions in other contexts.
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contact with a child (under sixteen years of age), by visits or other communications, as in "Her mother has access to her on alternative weekends." |
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to defer or postpone a court appearance to a later time (in criminal law, the term would be "remand"), as in "The court adjourned the Case Conference to next month, for the parties to exchange disclosure." |
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evidence that the law allows to be accepted by the court (the test usually involves reliability, relevance, best source, and public interest), as in "Only the original copy of the letter was admissible at trial." |
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a lawyer, provided by Legal Aid Ontario, who gives limited advice and instructions to persons with family law disputes (whether a court case has been started or not), usually found at a Family Law Information Centre at a family courthouse (also see duty counsel) |
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a written statement of facts that is sworn or affirm to be true (usually authorized by legislation or regulations) |
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to solemnly declare that the facts are true, to the best of one's knowledge and belief |
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the voiding or invalidating a marriage |
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- a document in response to an Application, setting out one's position regarding the claims made and facts alleged … and including any relief the Respondent seeks, with general facts in support, as in "I was received my husband's Application today and I have 30 days to serve and file my Answer."
- the process of responding to requesting relief or to allegations made, as in "I have made my answer to those claims."
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a request to a higher court to review a decision of a lower court and change it based on an appealable error, as in "The judge applied the wrong law to his decision, so I am filing an appeal to have the decision overturned." |
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the person that starts the family court case, as in "As the Applicant, I started this court case." |
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- a document delivered setting out relief sought, with general facts in support, "When I had him served with the Application, he was upset that he could no longer ignore my requests."
- the process of requesting relief, as in "I am making an application to the court for a support order."
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to take or seize (usually a child), by police (under court order) or by child protection agency, "After learning of the injury, the Children's Aid apprehended the child and put her in a foster home while the court dealt with the issue." |
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money required to be paid under a court order (usually for support) that has not been paid, as in "She has not paid child support in two years and has built up a large amount of arrears." |
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an analysis by a qualified professional who investigates, evaluates, and reports on the needs of the child and the ability of the parties to meet those needs … and make recommendations regarding the issues, "With his disabilities, it is unclear whether he can parent on his own, so an assessment of his parenting ability has been agreed to." |
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- a person appointed to make decisions under a "Power of Attorney"
- part of a title of certain government officials (such as "Crown Attorney"; Attorney General)
- a lawyer (a term used in the United States)
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