Glossary For Professionals

Affidavit - An affidavit is a written statement which is sworn or affirmed by you before an authorised witness.

Certified copy - When copies of an original document are made, you need to be able to show that they are true copies. This can be done by 'endorsing' the copy - that is writing on the copy that it is a true copy and then signing and dating your statement.

Child's Attorney - A child's representative is a person appointed by the Court to represent the interests of the child in Court.

Child Support - Money ordered by a court to be paid by one parent for expenses incurred in raising a child. Support is usually paid to the custodial parent and is for food, housing, education, clothing and other necessary expenses.

Custody- An order granted by the court establishing either the mother or the father as the primary (custodial) parent. Custody includes legal (decision making) and physical (where the child primarily resides) decisions.

Custody Evaluation - A study performed by a court appointed examiner, usually a psychologist, psychiatrist, or social worker to make a recommendation to the court as to the appropriate custody and visitation arrangements.

Filing - Filing means lodging an application or other document in a registry of the Court and having it stamped with the Court seal. This can be done in person or by mail.

Garnishment - A process provided by statute, that allows a person to collect on a specific type of obligation by withdrawing an amount from property or income of another.

Mediation - A process by which parties bring an issue or issues before a neutral third party (the mediator), whose role is to facilitate settlement of the issues. A mediator has no power to force settlement of the issues.

Party - When an application is filed with a Court, all people named as either applicants or respondents become parties to the application.

Parent Coordinator -

Parenting Plan - A document that is filed after parties have reached an agreement or after ordered by the court which sets forth the schedule for each parent's time with the children. A parenting plan may also include guidelines as to how parenting time is to be conducted and rights and responsibilities of the parents in relation to the children.

Parenting Time Schedule - An approved schedule for the children to spend time with both parents. This schedule typically includes weekly, holiday, vacations, birthdays, and other important dates and states how the times will be shared. See 'Parenting Plan' above.

Petitioner - The person who is the moving party, the one who asks the court initially for relief.

Respondent - The person who responds to an application by agreeing or opposing the orders sought by the applicant.

Service (of documents) - Service of documents is the giving of documents by one party to another. This can be done by post (and in some instances by fax) or personal service (not by you, but a friend or professional process server). You always arrange for documents to be delivered to a party's Address for Service filed with the Court. There are rules about how service should be arranged - check with court staff. Documents that are being served need to be stamped with the Court seal.

Settlement Agreement -  A settlement reduced to a written document. A settlement must generally be reduced to a order or judgment and signed by a judge to be binding on the parties.