A
- Abduction
Abduction
Child abduction is when a person takes or sends a child out of Northern Ireland without permission. Permission to take or send a child outside of Northern Ireland can be given by people who have Parental Responsibility or by a family court.
If a person has a Residence Order for a child they do not need permission to take or send the child out of Northern Ireland for less than four weeks.
- Acknowledgement of service form
Acknowledgement of service form
A form which confirms that court papers have been received by the person they were sent to (called the respondent).
The person receiving the papers - the respondent - must fill in, sign and return the Acknowledgement of Service form to court, by the date stated on the paperwork.
- Adjournment
Adjournment
When the judge postpones (called adjourns) a court hearing, either for a short break or until a later date, it is called an adjournment.
- Administrative listing
Administrative listing
An allocated time when a judge reviews the progress of the case. The judge reviews the case documents and no hearing is held. At this time the judge may issue directions for the parties, which the parties will be informed of through the court office.
- Admissible
Admissible
This describes what evidence and documents may be considered by the court and/or referred to in the court proceedings.
- Adopt evidence
Adopt evidence
A person called to the witness box may be asked to confirm that the written evidence that they have presented to court is true. This is called adopting evidence.
- Adoption
Adoption
To take another person's child into your own family and legally raise him or her as your own child.
- Adversarial
Adversarial
An adversarial court case is one where the opposing sides act as adversaries and compete to convince the judge (and in criminal cases, the jury) that their version of the facts is the most convincing.
- Advocate
Advocate
A person who speaks for you or represents you in court. They can be a solicitor or barrister. In Scotland, an advocate is the same as a barrister.
- Affidavit
Affidavit
A written statement which the witness providing it has sworn to be true in the presence of someone legally qualified to administer an oath.
- Affirmation
Affirmation
You give an affirmation when you swear something is true in court. It is like an oath but it is not rooted in religious belief.
- Appeal
Appeal
An appeal is a review of a judge's decision, or of a Court Order. A judge’s Order can be appealed if you can show that the judge did not apply the law correctly or did not follow correct procedure in the case. It is not asking for a second opinion about the situation from a different judge.
- Appellant
Appellant
The appellant is the person who is appealing against a decision made in a case.
- Applicant
Applicant
The person asking (called applying to) the court for a court Order.
- Application
Application
The written request sent to the court for an Order to be made.
- Article 179(14) Order
Article 179(14) Order
A ruling by a judge, called an Order, that limits when someone can next make a request to the court about arrangements for the child. The court’s permission is needed to make a request during the time limit given in the Article 179(14) Order.
Someone with an Article 179(14) Order can only apply to the court for any Article 8 Order during the period of time it is in force by first getting permission from the court.
- Article 4 Report
Article 4 Report
This is a report by the Court Children’s Officer – an independent social worker – to assess a child's welfare and best interests. It can be a written or oral report. It is used by the judge to help make a decision about the child.
It is used in cases which are between private individuals (called private family law proceedings) that do not involve the State in making decisions on a child’s future.
It is called an Article 4 Report because the power to ask for the report is set out in Article 4 of The Children (Northern Ireland) Order 1995.
- Article 56 investigation
Article 56 investigation
This is where a judge asks the Local Authority to investigate a child's circumstances. It will only apply in a case where two private individuals are asking the judge to make a decision about the child (called private law family proceedings) and where the judge is concerned about the child’s welfare.
An Article 56 investigation is to help the judge decide if he or she should make a Care or Supervision Order, to put the child in the care or supervision of the local authority on a temporary basis. It is called an Article 56 investigation Report because the power to ask for the investigation is set out in Article 56 of The Children (Northern Ireland) Order 1995.
- Article 8 Order
Article 8 Order
This is term that applies to different types of judgments or rulings made by judges, called Orders, that are listed under Article 8 of The Children (Northern Ireland) Order 1995. It includes a Residence Order, Contact Order, Specific Issue Order, Prohibited Steps Order and any decision or ruling that changes or ends an existing Order.
- Ascertainable
Ascertainable
Something that can be determined with some degree of certainty.
- Audio recording
Audio recording
A recording of all of the court hearing.
No recordings are made in the Family Proceedings Court at the Magistrates’ Court.
Recordings are made in Family Care Centre cases at the County Court and at High Court Family Proceedings cases. It is possible to buy a transcript of the recording from the court office.
B
- Barrister
Barrister
Also known as Counsel
Barristers are lawyers who specialise in representing clients in court, advise on resolving legal disputes and provide legal opinions.
- Best interests of the child
Best interests of the child
Also known as the child’s welfare
A legal principle applied by the judge to decide what arrangements are in the child’s best interests. In Northern Ireland, it is set out in Article 3 of The Children (Northern Ireland) Order 1995 and requires the court to consider:
- the child’s ascertainable wishes and feelings,
- the child’s physical, emotional and educational needs,
- the likely effect on the child of any change in circumstances,
- the age, sex, background and any characteristics of his which the court considers relevant,
- any harm which the child has suffered or is at risk of suffering,
- how capable each of the parents are of meeting the child’s needs.
- Brief
Brief
Also known as Brief to Counsel
A summary of facts and instructions that a solicitor gives to a barrister before a court hearing.
- Bundle
Bundle
Also known as court bundle
The collection of documents for a case, filed in a large ring binder or a lever-arch folder. These documents contain evidence, case management paperwork (e.g. application forms and directions), statements, expert reports and other documents related to a case.
- Burden of proof
Burden of proof
Refers to who has responsibility to prove something is true. In criminal cases, the burden is placed on the prosecution to prove that the accused committed the crime they have been charged with. In family cases, the burden of proving something is usually placed on the person who makes the accusation to prove that it is true.
C
- Call-over
Call-over
An occasion in court when the judge fixes the dates for case hearings. It can also be a review by the judge of the day’s cases to check they are ready to go ahead.
- Care Order
Care Order
When a child is at risk of significant harm and a parent cannot meet the child's needs, the local Health and Social Care Trust can apply for a Care Order. A Care Order is where the judge instructs the Trust to take the child under its care and supervision. This means the Trust can make decisions about who the child lives with and who they can see, and it may require the child to be placed into care. An Interim Care Order is where the judge rules that the child can be placed in the care or supervision of the local authority while other investigations are made.
- Case law
Case law
Law decided by judges in individual cases. Lower courts will follow the case law of higher courts. Higher courts can overrule the case law from lower courts.
- Case management
Case management
The actions, processes and paperwork used to progress a case. Sometimes a judge will ask for a case management hearing to lay out the process and timeline of the steps in a case.
- Case number
Case number
Also known as ICOS number or Integrated Court Operation System number
The unique identifying number that the Northern Ireland Courts and Tribunal Service assigns to each case that goes through Northern Ireland’s court system. It is used on case documents and formal written statements.
- Child maintenance
Child maintenance
Also known as child support
Financial support provided by a parent to support their child, paid by the parent who does not live with the child most of the time.
- Child protection
Child protection
The actions and steps taken to protect a child from abuse or ill-treatment.
- Child protection case conference
Child protection case conference
A multi-agency meeting usually called by the Health and Social Care Trust, where they believe the child is at risk of, or has suffered, significant harm.
Professionals and the family discuss whether a protection plan is needed to protect the child.
- Child protection register
Child protection register
The child protection register is a confidential list of the children in Northern Ireland who have been identified as being at risk of significant harm. The register will include information on the steps that need to be taken to protect the child’s welfare and reduce their risk of harm.
- Child's welfare
Child's welfare
Also known as best interests of the child
A legal principle applied by the judge to decide what arrangements are in the child’s best interests. In Northern Ireland it is set out in Article 3 of The Children (Northern Ireland) Order 1995 and requires the court to consider:
- the child’s ascertainable wishes and feelings,
- the child’s physical, emotional and educational needs,
- the likely effect on the child of any change in circumstances,
- the age, sex, background and any characteristics of his which the court considers relevant,
- any harm which the child has suffered or is at risk of suffering,
- how capable each of the parents are of meeting the child’s needs.
- Children Order
Children Order
A shortened name for the Children (Northern Ireland) Order 1995. This is the law that applies to cases about arrangements for children in Northern Ireland.
- Claim
Claim
A formal application made to the court which usually starts the court proceedings.
- Conciliation
Conciliation
The process of settling a dispute by mutual agreement with a view to avoiding litigation.
- Confidentiality of documents
Confidentiality of documents
Any documents that are used in court cases involving a child have to be kept confidential. This means that no documents can be shared with any person except the people involved in the case, the lawyers, the Court Children’s Officer and the Guardian Ad Litem. The judge’s permission, also called leave, is needed for anyone else to see the documents, and that includes a McKenzie Friend.
- Consent Order
Consent Order
An agreement reached about where a child should live, what contact they should have with the parent they are not living with, or other arrangements for the child, that is then formally approved by the Court. Once it is approved it is legally binding.
- Contact
Contact
The arrangements between the child and the parent that the child does not live with that set out how and when the parent and child will see each other.
- Contact Order
Contact Order
A ruling or judgment given by a judge that sets out how and when a child will visit or spend time with the parent they do not live with. A Contact Order is an Order of the court and is legally binding.
- Contact book
Contact book
A book passed between the people – usually separated parents – who have contact with and care of a child. It is used to record issues relating to the child’s health, behaviour and well-being so that each parent is aware of these issues.
- Contact centre
Contact centre
A safe environment where a child of separated families can spend time with one or both parents and sometimes other family members. If there are concerns about a parent or family member having unsupervised contact with a child, contact centres can be used for supervised or supported contact. These centres can also be used as the place where one parent collects the child from the other parent.
- Contact condition
Contact condition
A condition imposed by a judge on how contact between a parent and a child should take place.
- Contact direction
Contact direction
A decision or instruction given by a judge about what action a parent may need to take if they want to have contact with their child.
- Contact parent
Contact parent
Also known as non-resident parent
The parent who the child does not live with but has contact with the child.
- Contempt of court
Contempt of court
This is an offence when someone risks unfairly influencing a court case or being disobedient or disrespectful to the court and its officers. This includes: (1) disobeying a court Order, (2) abusing a judge or shouting out during a hearing in court, or (3) interfering in the administration of justice.
- Costs
Costs
Legal costs include court fees, fees for the solicitor and, where applicable, the barrister and fees for any expert required to give evidence.
- Counsel
Counsel
Also known as barrister
A barrister or group of barristers. A barrister is a lawyer who specialises in representing clients in court, advises on resolving legal disputes and provides legal opinions.
- Counterclaim
Counterclaim
A claim made by the person who is already responding to a claim.
- County Court
County Court
The court system is divided into different types and levels of courts. One of these is the County Court and it hears different types of legal proceedings. The County Court that hears family law cases is known as the Family Care Centre. This court decides family cases that can be quite complex. County Courts also decide on appeals against decisions of the Family Proceedings Court.
Judges in County Courts are referred to as 'Your Honour'.
See also Magistrates’ Court.
- Court Children's Officer
Court Children's Officer
Also known as CCO
Specialist social workers from the local Health and Social Care Trust who carry out work for the family court. Their duty is to advise the family courts on the best course of action for the child. They carry out safeguarding checks and can prepare a report dealing with the best interests of the child involved in court proceedings.
- Court Order
Court Order
Also known as an Order
An enforceable decision of the court made by a judge.
- Court bundle
Court bundle
Also known as a bundle
The collection of documents for a case, filed in a large ring binder or a lever-arch folder. These documents contain evidence, case management paperwork (e.g. application forms and directions), statements, expert reports and other documents related to a case.
- Court clerk
Court clerk
The person who completes the administrative duties required for court hearings and the management of cases. They are known as officers of the court.
- Court lists
Court lists
The lists of all the cases that are due to be heard by the court each day. They set out which court a case will be heard in. The court list is available online. The court lists for family law cases only list the case number and not the names of the parties involved - see NICTS Court lists online.
- Court office
Court office
The court office processes applications, forms, pleadings and writes to the parties about court dates. There are court offices in each court building. Information leaflets on court offices are available - Court office information leaflets.
Address and contact details are also available - Information on court offices
- Cross-examination
Cross-examination
Questioning of a witness by both parties’ lawyer and/or and the other party. The judge can request that questions are appropriate and may also ask questions of the witness.
D
- Date of service
Date of service
An official date that the judge decides a document was received by the person it was sent to.
- Directions
Directions
These are instructions given by the judge to the tell the parties what steps they should take next.
- Directions Order
Directions Order
This is an Order given by the judge during a case which gives instructions on the next steps in a case.
- Directions hearing
Directions hearing
A hearing where the judge gives instructions (called directions) to the parties, with or without their agreement, which they should follow to progress the case.
- Discharging an Order
Discharging an Order
Where the judge decides that an existing Order should not apply any more.
- Disclosure
Disclosure
Giving access to a document or other evidence relevant to a case to other parties in advance of the hearing.
- Disclosure of the child’s whereabouts
Disclosure of the child’s whereabouts
A person can apply to ask the court to take steps to find out where a child is - this is an application for the disclosure of the child's whereabouts. The court will contact Police and Social Services to take steps to trace the child. If the judge decides that it is in the child’s best interests, the person who applied to court can be told of the steps taken and where the child is.
- District Judge
District Judge
The court system is divided into different types and levels of courts. One of these is the Magistrates’ Court and it hears different types of legal proceedings. The Magistrates’ Court that hears family law cases is known as the Family Proceedings Court.
Most family cases start at the Family Proceedings Court. The judges in these courts are District Judges.
They are referred to in court as 'Your Worship’.
E
- Enforcement
Enforcement
The processes for ensuring that a court order is obeyed.
- Equal Treatment Bench Book
Equal Treatment Bench Book
This is a book of guidance for judges to refer to. It is practical guidance aimed at helping make the court experience more accessible. It includes chapters on litigants in person, people with disabilities, people whose first language is not English. It is published by the Judicial College of England and Wales. There is no similar book in Northern Ireland but the judges here are aware of it.
- Evidence
Evidence
Information, for example, documents and witness statements, used to support the arguments in the case.
- Evidence-in-chief
Evidence-in-chief
The evidence given by a witness in response to questions put by the party who called the witness.
- Ex parte application
Ex parte application
A request made to a court where only the person making the request is involved and the other side is not given any notice.
- Exchange of documents
Exchange of documents
Sending documents to the other party and receiving documents from the other party that they wish to be used in the hearing.
- Expert witness
Expert witness
This is an expert on a particular issue who gives their professional opinion in a court case. In family cases, this may be to examine or assess a child, prepare a report and give evidence to the court.
- Ex parte hearing
Ex parte hearing
A legal hearing where only the person who has made the request for the hearing is involved and the other side is not given any notice.
F
- Family Care Centre
Family Care Centre
The court system is divided into different types and levels of courts. One of these is the County Court and it hears different types of legal proceedings. The County Court that hears family law cases is known as the Family Care Centre.
This court decides family cases that are complex. County Courts also decide on appeals against decisions of the Family Proceedings Court.
County Court judges are referred to as 'Your Honour'.
- Family Proceedings Court
Family Proceedings Court
The court system is divided into different types and levels of courts. One of these is the Magistrates’ Court and it hears different types of legal proceedings. The Magistrates’ Court that hears family law cases is known as the Family Proceedings Court. Most family cases start at the Family Proceedings Court.
The judges in these courts are District Judges. They are referred to in court as 'Your Worship.’ See also Family Care Centre.
- Family mediation
Family mediation
Also known as mediation
A way to try to resolve a dispute without going to court. A neutral third-party mediator can help families work out an agreement about future arrangements for their child.
- Filing
Filing
This is submitting a document to the court office. The court staff put the document on the court file.
Documents for filing may be handed in to the court office, sent by post, or by email. Where it is unclear how to file a document you should contact the court, email in the first instance, where your case is being heard and ask them how you should do so.
- Final hearing
Final hearing
The Final Hearing is when the judge makes the final ruling or judgment.
The judge hears the evidence of the parents, the Court Children’s Officer and any other person giving evidence.
The people giving evidence can be questioned (called cross-examined) by the parties in the case.
If the parents have not been able to come to an agreement on what should happen, the judge will then make a final decision guided by what they determine to be in the child's best interests
- First directions hearing
First directions hearing
The first court hearing. This comes after an application has been made to the court in private family law cases.
At this hearing, the judge identifies the issues that need to be decided. They will also consider if it is possible for any agreement to be reached.
They can then give instructions (called directions) to tell the parties what steps should be taken next.
G
- Gillick competence
Gillick competence
This relates to the level of maturity and capability of a child under the age of 16 to be able to understand the implications of important decisions or agree to particular actions. The term comes from a case of this name.
- Grounds for appeal
Grounds for appeal
These are the reasons for appealing a decision of the court. They have to be legal or procedural reasons showing why the decision was either an error of law or that procedure was not followed correctly. Disagreeing with the judge’s decision will not be grounds for appeal.
- Guardian ad litem
Guardian ad litem
A Guardian ad litem is an independent social worker. They are appointed by the court to represent the child’s wishes and feelings and to tell the court what is in the child’s best interests.
The court will only appoint a Guardian ad litem in certain circumstances. This will include when parents cannot represent the child's wishes or where a child disagrees with a proposed course of action.
A Guardian ad litem may also be appointed if there are serious allegations of harm. The Guardian ad litem may be represented by their own solicitor or barrister.
H
- Hague Convention
Hague Convention
An international treaty that allows different countries to co-operate with each other when a child has been abducted from one of these countries. The Convention helps a country return the child who has been abducted to the country they were abducted from.
- Hearing
Hearing
The name given to the court proceedings where the judge, the parties in the case and any lawyers come together to present and hear the evidence and arguments of a case.
- Hearing - face to face or in person
Hearing - face to face or in person
Where the judge, both parties, their lawyers, and other individuals in the case are physically present in court.
- Hearing - hybrid
Hearing - hybrid
Where the judge and at least one party are in the court room while others join by telephone or video link.
- Hearing - remote
Hearing - remote
A remote hearing is where the parties attend ‘remotely’ via video links or telephone. The judge and court staff may be in the court but the parties are not.
- Hearsay
Hearsay
Hearsay is evidence given by someone in court who is reporting what someone else said and not what they know personally. Generally, hearsay is not allowed in court and a person reporting hearsay may be interrupted and asked to stop.
- High Court - the Family Division
High Court - the Family Division
The court system is divided into different types and levels of courts. One of these is the High Court and it hears different types of legal proceedings. The High Court that hears family law cases is part of the Family Division of the High Court.
This court hears the most complex family cases.
The High Court also decides on appeals against decisions of the Family Care Centre.
High Court judges are referred to as 'My Lord' or 'My Lady'.
I
- ICOS number
ICOS number
Integrated Court Operation System number
The unique identifying number that the Northern Ireland Courts and Tribunal Service assigns to each case that goes through Northern Ireland’s legal system. It is also called the case number. It is used on case documents and formal written statements.
- Injunction
Injunction
A court Order from a judge that prevents a person from doing something - also called a negative injunction - or requires a person to do something – also called a mandatory injunction.
- Interim Contact Order
Interim Contact Order
A ruling or judgment (called an Order) made by a judge to allow temporary arrangements for contact with a child. The judge can make an Interim Contact Order during a case, before a final decision is made.
- Interim contact
Interim contact
See also Interim Contact Order
Temporary arrangements for contact with a child. The judge can make an Interim Contact Order during a case, before a final decision is made.
J
- Judgment
Judgment
The final decision made by a judge in a court case.
- Jurisdiction
Jurisdiction
The authority given by law to a court to hear cases and rule on them. A jurisdiction can be geographical and / or related to the type of legal case.
L
- Lay Magistrates
Lay Magistrates
Also known as Lay Members (of the panel)
People involved in making the decisions with the judge. They are not legally trained but they are appointed by the Northern Ireland Judicial Appointments Commission. They are volunteers whose role it is to ‘serve the community’ and who have a good level of social awareness.
Up to two Lay Magistrates sit on the panel with the District Judge in the Family Proceedings Court at the Magistrates’ Court.
- Lay Members (of the panel)
Lay Members (of the panel)
Also known as Lay Magistrates
Up to two Lay Magistrates sit on the panel with the District Judge in the Family Proceedings Court at the Magistrates’ Court. They are involved in making the decisions with the judge. They are not legally trained but they are appointed by the Northern Ireland Judicial Appointments Commission.
They are volunteers whose role it is to ‘serve the community’ and who have a good level of social awareness.
- Leave (of the court)
Leave (of the court)
When an individual requires permission (also called leave) of the court before doing something.
- Legal aid
Legal aid
A government funded scheme that can cover some or all the costs of a lawyer.
- Legislation
Legislation
Laws approved by and passed through the Northern Ireland Executive or UK Parliament.
- Listed
Listed
A case is listed when a date has been scheduled for a hearing.
- Litigant in person
Litigant in person
Also known as an unrepresented litigant or personal litigant.
A person who goes to court without a lawyer.
M
- Magistrates’ Court
Magistrates’ Court
See also Family Proceedings Court
The court system is divided into different types and levels of courts. One of these is the Magistrates’ Court and it hears different types of legal proceedings. The Magistrates’ Court that hears family law cases is known as the Family Proceedings Court.
Most family cases start at the Family Proceedings Court.
Judges in Family Proceedings Court are District Judges and are referred to as 'Your Worship'.
See also County Court.
- McKenzie Friend
McKenzie Friend
A person who can attend court proceedings with a litigant in person to provide moral support, take notes, help with case papers and quietly advise on the conduct of the case. A McKenzie Friend cannot speak on the litigant’s behalf or to anyone in the court without the judge’s permission.
- Mediation
Mediation
Also known as family mediation
A way to try to resolve a dispute without going to court. A neutral third-party mediator can help families work out an agreement about future arrangements for their child.
- Motion
Motion
A formal request from a party made to a judge for an Order or judgment.
N
- Non-Molestation Order
Non-Molestation Order
A Non-Molestation Order is a civil court Order made against a named person preventing them from harassing, pestering, intimidating or threatening the applicant of the Order.
Non-Molestation Orders are made in the Domestic Proceedings Court under the Family Homes and Domestic Violence (Northern Ireland) Order 1998.
- Non-resident parent
Non-resident parent
Also known as the contact parent
The parent who the child does not live with.
- Notarised
Notarised
When a document has been certified as a true copy of the original by having it signed and dated by a notary public. In Northern Ireland all solicitors are notaries.
- Notary public
Notary public
In Northern Ireland, a notary public is a solicitor who is qualified to administer oaths and affirmations, take affidavits and witness and authenticate some types of documents. See here for a list of notaries public in NI: https://collegeofnotariesni.org.uk/
- Notice of Appeal
Notice of Appeal
Also known as the appellant’s notice
A document that begins the appeal process. This document must be filed with the court (which means accepted by the court office) within a set time limit, usually 14 days.
O
- Oath
Oath
An oath is when you swear to the court that you will tell the truth. It is rooted in religious belief and is different to an affirmation which is not rooted in religious belief.
- Occupation Order
Occupation Order
An Occupation Order is a civil court Order made against a named individual to restrict them from entering or living in the home. Occupation Orders are made in the Domestic Proceedings Court under the Family Homes and Domestic Violence (Northern Ireland) Order 1998.
- Official Solicitor
Official Solicitor
A lawyer who represents people who cannot to represent themselves because they lack mental capacity to do so.
- Order
Order
Also known as a Court Order
The official judgment or ruling given by a judge.
P
- Paramount
Paramount
The most important, highest or most superior.
- Parental Responsibility
Parental Responsibility
The legal term for all of the rights and responsibilities any parent has towards their child. This means being responsible for the child’s home, safety, well-being and protection. It also means that a person with parental responsibility has the right to receive information from institutions which have responsibilities for the child - such as their school, doctor or the local authority.
- Parental Responsibility Agreement
Parental Responsibility Agreement
A Parental Responsibility Agreement is an agreement made between the mother and the father if they are not married to allow the father to have parental responsibility.
- Parental Responsibility Order
Parental Responsibility Order
A ruling or judgment (called an Order) made by the court which gives parental responsibility to a parent who might not automatically have it for a child.
- Parenting plan
Parenting plan
A written agreement between parents recording how they will share the care of their child after they separate. It is not a legally binding agreement.
- Party or parties
Party or parties
The people involved in bringing the case to the court or responding to the case that the court has been asked to decide on.
- Pass a case
Pass a case
During a hearing or the day’s court business, when a case is passed it means it is postponed to later in the day or until the parties have discussed matters outside of the court.
- Penal notice
Penal notice
A penal notice is a warning to the person named in a court Order that not following the Order may be punishable by imprisonment.
- Personal litigant
Personal litigant
Also known as a litigant in person or an unrepresented litigant
An individual who goes to court without a lawyer.
- Pleadings
Pleadings
A formal written statement of a party's claims or responses to another party's claims.
- Position statement
Position statement
A written document setting out the issues, concerns and position of the party. This may be requested by the judge.
- Pre-action correspondence
Pre-action correspondence
Letters, emails and other written communication between the parties before the first hearing.
- Private Family Law Proceedings
Private Family Law Proceedings
A court case between family members.
- Proceedings
Proceedings
Action taken in court to settle a dispute.
- Prohibited Steps Order
Prohibited Steps Order
A judgment or ruling (called an Order) by a judge to prevent a parent from carrying out a certain action relating to the child.
R
- Relocation Order
Relocation Order
A judgment or ruling (called an Order) by a judge allowing a parent to relocate with a child if there are good reasons and it is in the child’s best interests.
- Remedy
Remedy
A legal means of correcting a wrongful act or decision.
- Removal from Jurisdiction Order
Removal from Jurisdiction Order
A judgment or ruling (called an Order) by a judge allowing a child to be taken to another jurisdiction permanently.
- Residence Order
Residence Order
A judgment or ruling (called an Order) by a judge to make arrangements for where the child lives until they reach the age of 16.
- Resident parent
Resident parent
The parent who the child lives with.
- Respondent
Respondent
The person who is responding to an application or appeal brought by the applicant. The respondent will be named in the application. Normally, the respondent will be informed in writing that an applicant has made a request relating to the child. The respondent will be told when they should come to the court to respond to the applicant’s request or appeal.
- Review hearing
Review hearing
A court hearing where the judge reviews the progress of the case, including reviewing how any temporary arrangements on contact are working.
S
- Safeguarding the child
Safeguarding the child
The actions and steps taken to protect the child from abuse and ill-treatment.
- Serve/Serving
Serve/Serving
Sending or delivering (called serving) a copy of a document related to the case to the other party. If the other party has a solicitor the documents will be sent to their solicitor. This is known as a document being served on the person who receives it. It should be done in a way required by court rules, so that it can be proved to the judge that the documents were both sent and received.
- Service
Service
The delivery of documents to a person in court proceedings. Proof of service shows that the document was both sent and received.
- Set aside
Set aside
Where a judge cancels a judgment, Order or step taken by one of the parties in the court case.
- Settle a case
Settle a case
When an agreement is reached between the parties outside of the courtroom that ends the case. The settlement is brought to the judge to show that all parties are content with the agreement.
- Shared Residence
Shared Residence
Where a child lives with more than one parent. There does not need to be a 50:50 split of time with each parent.
- Skeleton argument
Skeleton argument
A skeleton argument is a brief outline of the arguments to support a case which will be discussed at a hearing. It includes all the issues - factual and legal - to be decided by the judge and it outlines the argument on each issue.
The Judiciary of Northern Ireland has given some guidance on skeleton arguments in Practice Direction 1/2016, updated January 2021.
- Solicitor
Solicitor
A lawyer who advises clients, represents them in court and prepares cases for barristers where they are required.
- Specific Issue Order
Specific Issue Order
A judgment or ruling (called an Order) given by a judge about a specific issue relating to any aspect of parental responsibility for a child. For example, an Order granting permission to change a child's surname or to remove them from the jurisdiction.
- Standard of proof
Standard of proof
The level or standard that has to be reached to prove something is true. In family cases, the standard of proof is 'on the balance of probabilities,' which means that it is more probable than not that something is true. This is different from criminal cases where the standard that has to be reached is the prosecution proves ‘beyond reasonable doubt’ that the accused is guilty of the crime they are charged with.
- Statement of evidence
Statement of evidence
Also known as witness statement
A written statement of evidence to support a party’s case. It is a written summary explaining the background to the disagreement, what the party wants the judge to do and why they think this would be best for the child. It is a formal court document that may be requested by the judge.
- Stay
Stay
A court Order to temporarily delay proceedings.
- Staying contact or overnight contact
Staying contact or overnight contact
When the child stays overnight with the non-resident parent.
- Step-parent
Step-parent
A step-parent is the person married to, or a civil partner of, the parent who has parental responsibility for the child.
- Striking out
Striking out
This is when a judge orders that evidence – written or oral - be removed and no longer relied upon in a case.
- Submissions
Submissions
The arguments made by the parties to the judge. They can be written or oral.
- Summons
Summons
A document from the court which requires the person named in it to attend a court hearing at a specified date and time.
- Supervised contact
Supervised contact
Contact that takes place between a parent and a child where another person is present to oversee the contact.
- Supervision Order
Supervision Order
Where a child is believed to be at risk of significant harm, a Supervision Order can be made by a judge. The Order gives a Health and Social Care Trust the responsibility to supervise the care of a child while the child lives at home or somewhere else.
U
- Undertaking
Undertaking
A formal and legally binding promise to the court to do something or not to do something.
- Unrepresented litigant
Unrepresented litigant
Also known as a litigant in person or personal litigant
A person who goes to court without a lawyer.
V
- Vacated
Vacated
This is when a hearing is cancelled. This can be either by the consent of both of the parties or the court. Hearings are often vacated when the parties have been able to reach an agreement outside of court or the case is not ready due to some event or issue.
- Variation of an Order
Variation of an Order
This is where the terms or content of a court Order is changed or varied.
- Vexatious litigant
Vexatious litigant
A person who makes applications to court with no reasonable chance of success with the purpose of annoying the other party or the court.
W
- Welfare Checklist
Welfare Checklist
The checklist of factors that judges must be guided by when they consider the welfare/best interests of the child. The Checklist is set out in Article 3(3) Children (Northern Ireland) Order 1995. See also ‘Best interests of the Child’.
- Witness statement
Witness statement
Also known as statement of evidence
A written statement of evidence to support a party’s case. It is a written summary explaining the background to the disagreement, what the party wants the judge to do and why they think this would be best for the child. It is a formal court document that may be requested by the judge.