Definitions
Aboriginal
Includes status Indians, non-status Indians, Métis, Inuit, and anyone who self-identifies as Aboriginal (thinks of themselves as Aboriginal).
access
Under the Divorce Act, the time children spend with the parent they don't usually live with. Other people (including grandparents, aunts and uncles, and other relatives) can apply for access to a child. Under the BC Family Law Act, this is called contact with a child.
address for service
The address that a party to a legal action puts on his or her court documents to personally receive court documents from the other party. Can also include a fax number and/or an email address.
adjournment
To postpone (delay) a hearing or trial.
affidavit
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
A document you prepare if the other party raises new facts or issues in his or her affidavit in response to the application, and you believe these facts or issues requires a reply.
Affidavit of Ordinary Service
A document that certifies that other documents have been delivered to the person they're intended for and explains how they were served. The documents may be mailed or personally delivered. The documents may also be faxed or emailed if a fax number or email address was provided as an address for service by the party being served. The affidavit must be signed and sworn or affirmed by the person who served the documents.
Affidavit of Personal Service
A document that certifies that other documents have been served on (personally hsnded to) the person they're intended for. It must be signed and sworn or affirmed by the person who served the documents, who must be 19 or over and can't be one of the parties involved in the case.
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.
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.
agreement
On this website, means a written document that sets out how you and your spouse have agreed to deal with parenting, support, and property. You can make an agreement before you move in together or before you marry, while you're living together or after you're married, or after you separate. Agreements about child support, guardianship, parenting arrangements, and contact can only be made at or after separation.
allocation of parental responsibilities
How guardians share or divide parenting decisions. ("Allocation" means distributing something according to a plan.) You might decide this between you and record it in an agreement or ask the court for a court order.
alternative service
When a court gives you permission (after you apply) to serve (deliver) 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. Also called substituted service.
annulment
When a judge makes a declaration that a marriage is invalid (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 person who files a Notice of Application (Supreme Court) or Application to Obtain an Order (Provincial Court) to apply for a family order. Also sometimes the person who files a Notice of Motion in a Provincial Court.
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. Includes a table of contents and photocopies of documents prepared or collected by the applicant.
Application Response
A document used to respond to a Notice of Application (Form F31). It sets out what the respondent doesn't 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.
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 accept the jurisdiction of a particular court, usually by filing responding court documents (for example, an Application Response [Form F31]) and/or appearing in court.
business day
A day on which the court registry is open for business.
care of the Ministry of Children and Family Development
Foster care
case management order
A type of conduct order a court can make to manage a case. Order could be for an adjournment so parties can try to settle issues; to require one party not to make more applications without the court's permission or that an application goes back to the same judge; or to cancel or dismiss all or part of a claim.
Certificate of Pleadings
A document filed in the Supreme 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 Supreme Court courtroom where applications (not trials) are heard.
child of the marriage
Under the Divorce Act, a child under the age of majority who hasn't withdrawn from a parent's charge or one who's over the age of majority (19 in BC) but unable to withdraw from a parent's charge because of illness, disability, or other cause.
child protection
If a child's safety is at risk, the Ministry of Children and Family Development (or an Aboriginal delegated agency) must investigate (look into it). If necessary, the ministry must take your child from your home.
child protection investigation
If a child protection worker (social worker) from the Ministry of Children and Family Development (or an Aboriginal delegated agency) contacts you or visits your home to ask questions about your family. The child protection worker may take your child from your home.
Child Support Affidavit
A document used in Supreme Court to outline what arrangements have been made for children of a marriage when there's an application for an uncontested divorce.
child's best interests
A legal test that parents/guardians, courts, arbitrators, and parenting coordinators use in family law cases to decide what would best protect your child's physical, psychological, and emotional safety, security, and well-being. See section 37 of the Family Law Act for more information.
claimant
The person who starts a family law action in Supreme Court by filing a Notice of Family Claim (Form F3).
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, when you "swear" an affidavit).
common-law relationship
Term not used in BC law. Often used to refer to a marriage-like relationship that has lasted a certain length of time, usually one or two years. Used in some federal laws to refer to a marriage-like relationship of a year or longer.
conduct order
A type of court order that's intended to help the court manage the people involved in a court process and encourage dispute resolution.
consent order
An order a court makes based on what you and the other party have agreed to. You may be able to get a consent order without ever having to appear in court.
contact with a child
Under the BC Family Law Act, the time that a person who is not a guardian spends with a child. Other people (including grandparents, aunts and uncles, and other relatives) can apply for contact with a child. The Divorce Act uses the term access.
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
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
Under the Divorce Act, where and with whom a child lives, and the guardian's rights and responsibilities for the child. Under the BC Child, Family and Community Service Act, custody is similar.
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
When a judge makes a divorce order without the parties appearing in court. There are two types of desk-order divorces. For a sole application, one party applies for the divorce and the other party does not respond. For a joint application, both parties apply together for the divorce. These are also called undefended or uncontested divorces.
disclosure
The process of exchanging information (for example, financial statements) required to settle or decide legal issues with the other party. Failing to disclose required documents can have serious consequences.
dispute resolution
The process in which two people work through their family law issues with a trained professional, like a mediator. Meant to help you settle a legal dispute without going to court.
divorce
The end of a legal marriage. To get a divorce, you must go through a legal process and get a court order that says the marriage has ended.
duty counsel
Lawyers paid by Legal Aid who give free legal advice. Duty counsel can help people with low incomes with their family law, criminal law, or immigration law problems. They're available at some courts, including First Nations Court, and at the Canada Border Services Agency enforcement centre. But they can't take on your whole case or represent you at trial.
enforcement
Steps taken to make a party follow a court order or filed agreement. The court enforces most family orders and certain filed agreements. The Family Maintenance Enforcement Program enforces support orders. The police enforce protection orders.
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.
excluded property
The property that each spouse owned before the relationship started, as well as gifts and inheritances to one spouse (Section 85 of the Family Law Act gives a full list). Excluded property usually belongs to the spouse who acquired it, except for any increases in value that happened during the course of the relationship.
exhibit
A document referred to in an affidavit, which may be attached to the affidavit. When you swear or affirm an affidavit in front of a commissioner of oaths, lawyer, or notary public, he or she must identify the exhibits, so be sure to take them with you.
Family Case Conference
A one-hour informal meeting with a judge and the other party to try and settle parenting (and sometimes support) issues so you can avoid a full hearing in Provincial Court. Either party may request a Family Case Conference (FCC) at any time.
family debt
Money owed to others accumulated during a relationship or to maintain family property after separation. The law assumes that both spouses are equally responsible for the debt unless an equal division would be "significantly unfair."
family dispute resolution professional
Under BC law, includes family justice counsellors; parenting coordinators; lawyers in a family law case; mediators and arbitrators in a family law case if they meet certain requirements.
family law case
A legal proceeding in which people apply for orders under either the Divorce Act or the Family Law Act for any one or more of guardianship, parenting time, allocation of parenting responsibilities, contact with a child, custody, access, support, division of property, annulment of a marriage, divorce, declarations of parentage, or adoption.
family law protection order
A court order made under the Family Law Act to protect someone from violence.
Family Maintenance Enforcement Program
You can choose to enroll in the BC Family Maintenance Enforcement Program (FMEP) that 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're not receiving them.
family property
The assets acquired by either spouse during the course of the relationship, plus any increase in the value of excluded property. The law assumes that you're both entitled to an equal share of family property unless an equal division would be significantly unfair.
Financial Statement
A document that tells the court about your income, expenses, assets, and debts.
guardianship
When a child's parents live together, both parents are the child's guardians (or have guardianship). When the parents separate, both parents continue to be guardians until they agree to change it or a court orders a change. Guardians are responsible for making all decisions about their child, including about daily care and supervision, education, health care, cultural or religious upbringing, and where the child will live.
imputed
When a person ordered to pay child or spousal support doesn't give the court all the required evidence of his or her income, the judge can use the available evidence to come up with an income amount to make decisions about support. This is called "imputed income."
incur
To take on. For example, if you incur an expense for the children, you're taking on that expense and you'll have to pay it.
interim order
Any court order made before a trial and intended to be temporary.
interjurisdictional
Situations where a court action involves people living in different provinces or jurisdictions. For example, one party lives in BC and one party lives somewhere else.
joint custody
Under the Divorce Act, when the parents agree or the court orders 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).
joint divorce
When you and your spouse file for divorce together. You and your spouse must agree on everything to get a joint divorce.
Judicial Case Conference
An informal and confidential meeting between the parties and a judge or master in a Supreme Court case. Required in most cases before any party can bring a contested court application. The purpose is to clearly identify the issues to be decided, explore settlement options, or prepare for the hearing. Either party may request a Judicial Case Conference (JCC) at any time.
jurisdiction
A court's power or authority over people, territories, or subject matter.
legal aid
A range of free services available to people with low incomes. Services include legal information, legal advice, and legal representation (a lawyer to take your case).
marriage
When two people agree to live together in a partnership made legally binding by a religious or legal ceremony. Marriage can only be ended by divorce, annulment, or the death of one of the parties.
master
A judicial officer of the Supreme Court who can hear and decide certain applications, including interim applications for parenting or support orders. Masters can also hold Judicial Case Conferences (JCC).
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.
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 (Supreme Court Form 15; Provincial Court Form 5) or an Affidavit of Ordinary Service (Supreme Court 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
The document used when applying in Supreme Court for an order before trial, an order to change a final order, or orders in relation to agreements. It gives the judge/master and the other party information about the order the applicant is asking for.
Notice of Family Claim
The document that starts a family law case in Supreme Court. It sets out information about the claimant and respondent, their relationship, and the final orders the claimant wants. If you're applying jointly with your spouse for a divorce, you would use a Notice of Joint Family Claim (Form F1).
Notice of Hearing
The document used in Supreme that tells the court when you'll 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
The form used when there's 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
The document that you file in the Supreme Court registry to tell the court that you want a Judicial Case Conference (JCC).
order
A type of court ruling made by a judge or master that sets out what you must do or not do.
parentage
Who a person's parents are. Generally, if a child is conceived naturally, a child's parents are his or her birth mother and biological father. This can be different if a child is adopted or born as a result of assisted reproduction.
parental responsibilities
The responsibilities guardians have for the children in their care, including decisions about daily care, education, religious upbringing, extracurricular activities, etc. After separation or divorce, guardians can share parental responsibilities in whatever way that's in the child's best interests. Can be decided by agreement or court order.
parenting
On this website, refers to contact with a child, guardianship, parental responsibilities, and parenting time (terms used by the BC Family Law Act); and access and custody (terms used by the federal Divorce Act). Parenting covers who has the right and responsibility to make decisions about the child, decisions that are made, and the time that guardians and non-guardians spend with the child.
parenting arrangements
The arrangements made for parenting responsibilities and parenting time in a court order or agreement between guardians. Parenting arrangements don't include contact with a child.
parenting coordinator
A neutral third party who helps guardians resolve day-to-day conflicts about their parenting arrangements or parenting orders.
parenting order
Under the Family Law Act (in either Provincial Court or Supreme Court), a court order dealing with guardianship, parenting time, allocation of parenting responsibilities, or contact with a child. Under the Divorce Act in Supreme Court, a court order dealing with custody and access.
parenting plan
An agreement about how to be parents when you live apart.
parenting time
The time that a guardian spends with a child. During parenting time, a guardian makes day-to-day decisions about the child and is responsible for the care and supervision of the child. Parenting time can be equally shared, or one guardian can have the child most of the time, or any other arrangement that's in the child's best interests. Can be decided by agreement or court order.
party
A participant in a given court case, contract, or other legal matter; can be an individual, a corporation, or other entity.
payor
The person who pays child or spousal support/maintenance.
peace bond
A court order with conditions for one person to follow that are meant to protect someone else.
plaintiff
Under the old Supreme Court Rules, 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's 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
The document that contains the judge's decision and the reasons for his or her decision. Reasons for judgment may be written or oral. If they're oral, the parties may order a transcript of them from the court.
recipient
The person 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.
relocate
To move to another place.
requisition
The 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
In Supreme Court proceedings, the 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).
safe house
A short-term emergency shelter providing a safe place to live and other help for women who've been abused, with or without children. Usually you can stay in one for only up to seven days.
separation agreement
A document that sets how you and your spouse have agreed to deal with things like parenting, support, and property after you separate (Provincial family law just calls it an agreement). There's no official form to use for drawing up a separation agreement.
serve
The act of delivering or leaving documents with the other party.
sole custody
Term used only under the Divorce Act in Supreme Court. 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 over and above the regular cost of living for a child, such as the cost of child care or post-secondary education. Extraordinary expenses are for education, programs, or extracurricular activities that meet the child's needs, such as for tutoring or private school, or for other activities at which the child excels.
spouse
Member of a same-sex or opposite-sex couple who are married or in a marriage-like relationship. An unmarried couple must have lived together for at least two years to divide property and debts; two years for spousal support if you have no children; any amount of time for spousal support if you have children; one year for some federal (Canadian) benefits.
stand-by guardian
Someone named by a child's guardian to take over parental responsibilities if the guardian becomes unable to look after the child.
style of cause
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.
summary trial
A trial based on written evidence, where no one has to give oral evidence in court. A summary trial is quicker and less complicated than a full trial.
support
Money paid by one spouse to the other spouse or parent after separation (spousal support), or by one parent or guardian to another parent or guardian (child support).
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.
testamentary guardian
Someone named by a child's guardian to permanently take over parental responsibilities if the guardian dies.
transition house
A longer-term emergency shelter providing a safe place to live and other help for women who've been abused, with or without children.
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 results in a final decision by a judge.
undefended divorce
Also called an uncontested divorce. No response is filed or the spouses apply for the divorce together by filing a Notice of Joint Family Claim. It's how to get a divorce when the parties agree about the divorce and related issues (for example, parenting, support, and 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, or when the amount in the child support guidelines is too low. Also when a recepient experiences undue hardship trying to support the child or children with the amount given under the guidelines.
vary
"To vary" means "to change." Sometimes lawyers, judges, and court staff use this term to refer to changing an order. In some of the self-help guides, the revised order is called a Variation Order.