Definitions
Access
Generally means the time children spend with the parent they do not usually live with. However, access is not limited to the parent who does not have custody — any person can apply for access to a child (including grandparents, aunts and uncles, and other relatives).
Affidavit (Form F30)
A document that contains facts that you swear under oath or affirm to be true. A lawyer, notary public, or commissioner of oaths must witness your signature and sign your affidavit.
Affidavit in response
An affidavit you prepare if the other party raises new facts or issues in his or her affidavit in response to the application that you have not yet addressed, and that you believe require a reply.
Affidavit in response to the application
A document that sets out the facts that would persuade the judge/master to make a different order than the one applied for. It must include all facts or circumstances you want to present as evidence, since you will only be able to present information included in the affidavit.
Affidavit of Personal Service (Form F15)
A document that certifies that other documents have been served on (personally delivered to) the person they are intended for. It must be signed and sworn or affirmed by the person who served the documents, who cannot be one of the parties involved in the case.
Affidavit of Ordinary Service (Form F16)
A document that certifies that other documents have been served on the person they are intended for and explains how they were served. The documents may be mailed or personally delivered. The affidavit may be faxed or e-mailed if a fax number or e-mail address was provided as an address for service by the party being served. It must be signed and sworn or affirmed by the person who served the documents.
Affidavit to support the application
A document that sets out the facts that would persuade a judge/master to make the order you want. It must include all facts or circumstances you want to present as evidence, since you will only be able to present information included in the affidavit.
Affirm / swear
To swear means to "take an oath" in front of a lawyer, notary public, or commissioner of oaths that the contents of an affidavit are true to the best of your knowledge and belief and that your oath is "under an immediate sense of responsibility to God." You can also "affirm," which means you solemnly and formally declare the contents of the affidavit to be true.
Age of majority
The age at which a person legally becomes an adult, which means they can do such things as vote and enter into a binding contract. In BC, the age of majority is 19.
Annulment
A proceeding you can take to end an invalid marriage (for example, if one spouse was already married, or if the husband and wife found out they were brother and sister).
Applicant
In a family law case, the applicant is the person who files a Notice of Application to apply for a non-final or change order.
Application Record
A loose-leaf ring binder, divided by tabs, that contains the documents that the judge/master uses to decide whether to grant the order being applied for. It includes a table of contents and photocopies of documents prepared or collected by the applicant. Under the old Supreme Court Rules, this was called a Chambers Record.
Application Response (Form F32)
A document used to respond to a Notice of Application (Form F31). It sets out what the respondent does not agree with in the Notice of Application, what evidence supports his or her position, the legal basis for not agreeing with the order requested, and how long the respondent thinks the hearing will take. Under the old Supreme Court Rules, this was called a Response.
Arrears
Past support payments that have not been paid.
Asset
Any item worth money that is owned by a person, especially if it could be converted to cash.
Attorn
To attorn means to accept the jurisdiction of a particular court, usually by filing responding court documents (e.g., a, Application Response [Form F31]) and/or appearing in court.
Business day
A "business day" means a day on which the court registry is open for business.
Certificate (Form F36)
A document filed in the court registry that the registry staff sign to show the judge they have checked your documents and that everything is procedurally correct before they send your documents to the judge.
Chambers
A name for a Supreme Court courtroom where applications (not trials) are heard.
Child or children of the marriage
Could be a natural (biological) child of the marriage, an adopted child, a child for whom both spouses act as parents, or a child of one spouse if the other spouse had a parent-child relationship with that child. Under the Divorce Act, a child of the marriage is a child under the age of majority who has not withdrawn from a parent's charge or one who is over the age of majority (19 in BC) but unable to withdraw from a parent's charge due to illness, disability, or other cause.
Child Support Affidavit (Form F37)
A document used to outline what arrangements have been made for the children in a divorce where there are children of the marriage.
Claimant
The person who starts the family law action by filing a Notice of Family Claim (Form F3). Under the old Supreme Court Rules, the person who started the action was called the plaintiff.
Collusion
An agreement or conspiracy between the spouses to lie or deceive the court in order to get a divorce. To get a divorce, you must swear that there has been no collusion.
Commissioner of oaths
A person with the legal authority to administer an oath or an affirmation (for example, to "swear" an affidavit).
Common-law relationship
A same-sex or opposite-sex unmarried couple who live together in a marriage-like relationship for at least two years under BC family law (and at least one year for the purposes of various Canadian federal laws).
Consent order
If two parties who want to get or change a support, custody, guardianship, or access order agree on what the order should say, they can draw up a document called a Consent Order (Form F33). They may be able to file this order with the court registry and have it signed by a judge or master without ever having to appear in court.
Costs
In Supreme Court or the Court of Appeal, a master or judge's order that the losing party in a lawsuit pay the legal expenses (which may include court fees, disbursements, and legal fees) of the successful party. These orders may be made after an interim hearing but are usually made at the end of a trial or appeal.
Counterclaim (Form F5)
The form a respondent can use to start his or her own claim when responding to a Notice of Family Claim (Form F3) in Supreme Court. It provides information about the parties, details of the marriage (relationship) and separation, and details of the order the respondent/counterclaimant wants. In Provincial Court, the Counterclaim and the Reply are part of the same form. In Supreme Court, the Counterclaim (Form F5) and Response to Counterclaim (Form F6) are separate forms.
Custodial parent
The parent who has custody of the child.
Custody
Can refer to where and with whom a child lives, or where a child lives and the rights and responsibilities of a parent regarding the child in his or her care.
Defendant
Under the old Supreme Court Rules, this was the term used for a party who responds to the action or court proceedings. Under the new Rules, this person is called the respondent.
Deponent
A person who swears, takes an oath, or affirms that the information in a form (for example, an Affidavit [Form F30]) is true. The deponent must sign his or her form in the presence of a commissioner of oaths, lawyer, or notary public.
Desk-order divorce
An undefended (uncontested) divorce. The parties can ask for a divorce order by filing a Requisition (Form F17) with other documents, and they do not have to appear in front of a judge in the Supreme Court. (See "Rule 10-10: Undefended Family Law Case" in the BC Supreme Court Family Rules.)
Disclosure
The process of exchanging necessary information (for example, financial statements) with the other party is called "disclosure."
Entered
At the conclusion of a case (which may or may not include going to court), the order containing all the details is "entered." An "entered" order is one that has been approved (signed) by a judge/master or registrar and filed (stamped) at the court registry office.
Exhibit
A document referred to in an affidavit, which may be attached to the affidavit. The document must be identified by the commissioner of oaths, lawyer, or notary public at the time he or she administers the deponent's oath or affirmation.
Family case conferences
A one-hour informal meeting with a judge and the other party to try and settle some custody, access, and guardianship issues so you can avoid a full hearing in Provincial Court.
Family law case
A legal proceeding in which people apply for orders under either the Divorce Act or the Family Relations Act for any one or more of: custody, access, guardianship, support, division of property, annulment of a marriage, divorce, declarations of parentage, or adoption.
Family Maintenance Enforcement Program (FMEP)
If you choose to enroll in the BC Family Maintenance Enforcement Program (FMEP), this program will monitor the child support and/or spousal support payments you should be receiving according to your order or agreement.Staff in the program will take action to get you the payments if you are not getting them.
Family order
The term we use to describe a court order for one or more of custody, access, guardianship, support, division of property, annulment of a marriage, divorce, declarations of parentage, or adoption.
Financial Statement (Supreme Court Form F8 and Provincial Court Form 4)
A document that tells the court about your income, expenses, assets, and debts.
Guardianship
The responsibility for making major decisions for children about such things as what kind of education, health care, or religious training they will receive, and how to manage anything the children may own, such as property or money.
Imputed
If a person’s income is “imputed,” this means that it is judged to be higher than it appears on the various financial documents that he or she has submitted to the court.
Incur
If you incur an expense for the children, it means that you are taking on that expense, and that you will have to pay it.
Indigency (indigent status)
Having so little money that you cannot afford to pay court fees. To apply for indigent status, you must be receiving benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disability Act. You must also provide financial information to prove that your income is low as well as information about your employment, education, and workplace skills (to show you don’t have much chance of earning enough in future to pay court fees).
Interim order
Any order made before a trial and intended to be temporary. Also called a non-final order.
Interjurisdictional
This term refers to situations where a court action involves more than one territorial jurisdiction (for example, one or more of the parties live outside BC).
Joint custody
When the parents agree or the court orders that that both parents share equally the rights and responsibilities with respect to their child or children. The child(ren) can live with both parents or mostly with one parent (the child's primary residence).
Judicial Case Conference (JCC)
A confidential meeting that both parties usually must have with a judge/master before any contested court application can be made. The purpose is to clearly identify the issues to be decided, review different ways to resolve the issues (such as settlement conferences, mediation, or other ways), and manage the flow of the case in court (for example, the timing of court hearings, exchanges of information, etc.) Either party may request a JCC at any time.
Jurisdiction
This term refers to a court's power or authority over people, territories, or subject matter.
Maintenance / support
Money paid by one party to the other party as financial support. Support can be paid for a former spouse, or for any or all children.
Master
A judicial officer of the Supreme Court who can decide certain matters. Generally, a master may decide about interim orders for custody, guardianship, access, and support. A master may not change a judge's final order or grant a divorce.
Mediation
An approach to solving problems in which a third party (a mediator) helps people with family law problems reach a resolution without going to court. Mediators are specially qualified to help people reach agreements. Some mediators are lawyers.
No contact order
A court order that prohibits a person from contacting someone else (usually his or her former partner/spouse). It is a criminal offence to do anything forbidden by the no contact order. A no contact order may be a condition of release from custody before trial, a condition of probation, a criminal peace bond, or a civil restraining order.
Non-final order
Any order made before a trial or before a final agreement has been reached by the parties, that is intended to be temporary. Also called an interim order.
Notary public
A professional legal or public officer (includes all lawyers) with the authority to administer or commission oaths and affirmations, certify affidavits, declarations, or other documents, take acknowledgments, take depositions or testimony, commission on Affidavit of Personal Service (Form 15) or an Affidavit of Ordinary Service (Form F16), and prepare wills, mortgages, and other legal documents. They also officially authenticate/witness signatures, certify documents as true copies, provide Affidavits of lost documents, name changes, and notarial certificates, and duplicate original notarizations.
Notice of Application (Form F31)
A document that tells the judge/master and the other party what type of non-final or change order an applicant is asking for, what evidence he or she will use to support the application, what the legal basis is for the order being requested, and how long the applicant thinks the hearing will take. Under the old Supreme Court Rules, this was called a Notice of Motion.
Notice of Family Claim (Form F3)
The document that starts a family law case. It sets out information about the claimant and respondent, their relationship, and the final orders the claimant wants. If you are applying jointly with your spouse for a divorce, you would use a Notice of Joint Family Claim (Form F1). Under the old Supreme Court Rules, the documents used to start an action were the Writ of Summons and Statement of Claim.
Notice of Hearing (Form F75)
A document that tells the court when you will be appearing in court, how long you expect your case to take, and whether a master (instead of a judge) can hear your case.
Notice of Intention to Proceed (Form F48)
The form used when there has been a delay of more than one year in a Supreme Court action and one party wants to notify the other that the court process is going to start up again.
Notice of Judicial Case Conference (Form F19)
A document that you file in the court registry to tell the court that you want a Judicial Case Conference (JCC).
Order (Supreme Court forms F33, F51, F52, F54; Provincial Court Form 26)
A document that records the decision of a judge/master and is entered at the court registry after the judge/master makes his or her decision. If your case is in Supreme Court, see Supreme Court Rule 15-1 (1) to find out which form to use for your situation.
Parenting arrangements
The arrangements made by the parents for the care of the children, including custody, access, and guardianship.
Party (or parties)
A participant in a given court case, contract, or other legal matter; can be an individual, a corporation, or other entity.
Payor
The term used to describe the spouse who pays support or maintenance.
Plaintiff
Under the old Supreme Court Rules, this was the term used for a party who initiates the action or court proceedings. In the new Rules, this person is the claimant.
Process server
A person who is in the business of serving or giving documents to the other party.
Property
Anything you own, including real estate, bank accounts, cars and other vehicles, and RRSPs.
Reasons for judgment
A document that contains the facts upon which the judge has based his or her decision, the judge's reasons for making that decision, and the decision itself. Reasons for judgment may be written or oral. If they are oral, the parties may order a transcript of them from the court.
Recipient
The term used to describe the spouse who receives child or spousal support/maintenance.
Reciprocal agreement
BC has reciprocal agreements with all other Canadian provinces, the United States, and several other countries. This means the Family Maintenance Enforcement Program (FMEP) can ask another province, territory, state, or country to enforce a support order, and the other province, territory, state, or country can ask the FMEP to enforce an order for one of their clients.
Requisition
A document filed in the court registry that tells the court what you want.
Respondent
In many court proceedings, a term used for a party who responds to the application.
Response to Family Claim (Form F4)
In Supreme Court proceedings, a document that the respondent must complete and file if he or she wants to respond to the claimant’s Notice of Family Claim (Form F3). Under the old Supreme Court Rules, this was called the Statement of Defence.
Separation agreement
A document separating or separated spouses can draw up to put in writing those matters that are settled between them. Some of the matters the spouses might deal with in this document include custody, access, guardianship, child or spousal support/maintenance, or division of assets or debts. There is no official form to use for drawing up a separation agreement.
Service / serve
The act of delivering or leaving documents with the other party. Usually followed by completing and swearing or affirming an Affidavit of Personal Service (Form F15) or Affidavit of Ordinary Service (Form F16) to certify that the documents were received by the other party.
Sole custody
When the parents agree or the court orders that one parent has the legal responsibility for caring for and making all decisions about a child. Usually the child lives primarily with that parent.
Special or extraordinary expenses
Special expenses are extra expenses for a child over and above the regular cost of living, such as child care expenses while the recipient works or goes to school or is ill or disabled, medical and dental insurance premiums specifically for the child, health-related expenses that exceed insurance reimbursement by at least $100 annually, and expenses for post-secondary education. Extraordinary expenses are expenses for education, programs, or extracurricular activities that meet the child's needs, such as tutoring or private school, or, possibly, for other activities in which the child excels and is shown to be particularly gifted.
Spouse
According to the BC Family Relations Act, the term "spouse" applies to the members of a same-sex or opposite-sex couple, married or in a common-law relationship. For the purpose of getting spousal support, if the parties are not married, they must have lived in a marriage-like relationship for at least two years and one party must apply for support within one year after they stop living together.
Style of cause / style of proceedings
All the information at the top of the front page of each court form. Includes the court file number, the name of the court registry, the title "Supreme Court of British Columbia" or "Provincial Court of British Columbia," the name of each party, and the name of the form.
Substituted / alternative service
Substituted or alternative service is when a court gives you permission (after you apply) to serve documents on a party in some way other than giving him or her the documents personally; for example, by serving them on a family member.
Support / maintenance
Money paid by one party to the other party as financial support. Support can be paid for a former spouse or for any or all children.
Swear / affirm
To swear means to "take an oath" in front of a lawyer, notary public, or commissioner of oaths that the contents of an affidavit are true to the best of your knowledge and belief and that your oath is "under an immediate sense of responsibility to God." You can also "affirm," which means you solemnly and formally declare the contents of the affidavit to be true.
Trial
When both parties and their witnesses appear before a judge and give their evidence under oath and out loud. They are then cross-examined by the other party or by his or her lawyer. A trial is also sometimes called a hearing, especially in Provincial Court.
Undefended divorce
Also referred to as an uncontested divorce, an undefended divorce is one in which no response is filed. This is one way to obtain a divorce when the parties agree about the divorce and related issues (e.g., custody, access, guardianship, child or spousal support, and/or property division).
Undue hardship
Circumstances that allow a payor to avoid paying the full amount of child support under the child support guidelines. The payor must prove that the payments would be "undue" or exceptional, excessive, or disproportionate.
Vary / variation / variation order / change order
The term "to vary" means "to change" and is sometimes used by lawyers, judges, and court personnel to refer to changing an order. In some of the self-help guides, the revised order is called a Variation Order.
