Glossary

TERMS & DEFINITIONS
Access:
Access refers to the entitlement of a parent to spend time with their child or children, which includes both visiting the child and having the child visit them. It also encompasses the right to inquire about and receive information concerning the child(ren)’s health, education, and overall well-being.
Adjournment:
An adjournment occurs when a judge decides to postpone a case, scheduling a new date for the involved parties to reappear before the judge.
Affidavit:
An affidavit is a legal document in which an individual, known as the affiant, provides a sworn statement detailing their direct knowledge relevant to the case at hand. This document must be sworn to be true in the presence of a commissioner of oaths or a notary public.
Answer:
The answer is a formal document through which the respondent addresses the applicant’s application, responding to the claims made and potentially making their own requests to the court.
Applicant:
The applicant is the individual who initiates a family law case by completing, serving, and filing an Application – Form 8 at the family court.
Application:
Initiating a family law case involves completing the Form 8 – Application, filing it with the court, and serving it on the opposing party. It’s important to use the correct Form 8 specific to the nature of the application, as there are various types.
Appeal:
An appeal is a process where a higher court is asked to review a judge’s decision due to an alleged error in law or fact. It’s crucial to understand that dissatisfaction with a judge’s ruling is not sufficient grounds for an appeal; there must be a demonstrable error in law or fact.
Balance of Probabilities:
In legal proceedings, the judge determines the outcome based on the “balance of probabilities,” meaning the judge assesses which party’s claim appears more credible or likely to be true than the other’s.
Best Interests of the Child:
When determining matters of custody, access, and guardianship, judges employ a criterion known as the “Best Interests of the Child” test, as outlined in section 24 of the Children’s Law Reform Act. This test requires the judge to thoroughly evaluate all aspects of the child’s needs and circumstances to ascertain what would best serve the child’s welfare, including evaluating the capacity of each parent to meet the child’s needs.
Case Conference:
A case conference is a collaborative meeting involving a judge, the involved parties, and their lawyers, aimed at identifying points of agreement and disagreement. The objective is to work towards settling the case, and the judge has the authority to issue orders during this conference.
Child Support:
Child support refers to the financial contribution one parent makes to another for the upbringing of their child(ren). This payment is typically made to the parent with whom the children primarily reside. The amount is determined according to the Child Support Guidelines, ensuring the financial needs of the child(ren) are met. Contact our child support lawyer for more information.
Child Support Guidelines (Ontario):
In Ontario, the Child Support Guidelines provide a formula for calculating the financial support a parent should contribute towards their children. This calculation is based on the income of the paying parent and the number of children requiring support.
Children’s Law Reform Act:
The Children’s Law Reform Act is a piece of provincial legislation that addresses matters related to determining parentage, as well as custody, access, and guardianship of children.
Custody (Decision Making):
Custody, now referred to as “decision-making,” involves the right and responsibility to make significant decisions about a child’s welfare, including their health, education, and general upbringing. Custody can be categorized into joint custody, where both parents share decision-making responsibilities, or sole custody, where only one parent has this authority. Our custody lawyer Barrie team can help with all your decision-making and access needs.
Equalization:
Equalization is a legal process that occurs when married couples separate, mandating the equal division of property acquired during the marriage. This includes not only assets like homes, vehicles, investments, and pensions but also debts, irrespective of which party made the financial contributions.
Evidence:
In family law, evidence comprises documents and witness testimonies. Common examples of documentary evidence include bank statements, children’s report cards, property deeds, and medical records, all of which may play a crucial role in the case.
Family Law Act:
The Family Law Act is a provincial statute that addresses issues related to family property, matrimonial homes, support obligations (covering both spousal and child support), domestic contracts, and claims for damages by dependants. Contact a family lawyer Barrie to learn more.
Family Law Information Centres (FLICs):
Located within Ontario courthouses, Family Law Information Centres offer guidance on family law and community resources. They provide information and referrals, including mediation services, at no cost.
Family Law Rules:
The Family Law Rules are the regulations that dictate the procedures for family law proceedings in Ontario. These rules apply to all family law cases in the province, ensuring a standardized practice.
Forms:
Forms are standardized documents utilized to initiate or respond to proceedings in a family law case. The government has made available specific forms for various stages of a family case. For instance, Form 8 is designated for starting a family law case.
Limited Scope Retainer:
A limited scope retainer is a legal arrangement where a client hires a lawyer to handle specific parts of a case rather than representing them in all aspects. This can include tasks like drafting documents, providing legal advice, or representing the client in court for a particular issue. It allows clients to manage legal costs effectively while still accessing professional legal assistance for critical aspects of their case.
Matrimonial Home:
The matrimonial home refers to the residence where the couple lived together during their marriage. This could be a house, an apartment, or even a trailer, and it might be either owned or rented by the couple.
Mediation:
Mediation is a facilitated negotiation process where a neutral third party helps the separating parties attempt to resolve their disputes. The mediator’s role is not to make decisions for the parties or provide legal advice but to offer suggestions and support the parties in finding their own resolution.
Motion:
A motion is a formal request made to a judge in court to resolve specific issues that require the presentation of evidence. Typically, a case conference must occur before a motion can be scheduled, ensuring that all parties have had a chance to discuss the issues at hand.
Parenting Agreement:
A parenting agreement is a detailed document created by separating or divorcing parents that outlines how they will co-parent their children following the separation. This agreement serves as a comprehensive guide for both parties, covering various aspects of the children’s lives to ensure their well-being and stability are maintained.
Property Division:
Property division is the process of distributing assets and debts between separating or divorcing partners. In Ontario, this often involves calculating the net family property and then equalizing the spouses’ net worth accumulated during the marriage. This ensures a fair division of marital assets such as real estate, investments, and pensions, as well as liabilities, ensuring both parties move forward on equitable financial footing. Contact a property division lawyer for more information.
Offer to Settle:
An offer by one party to the other party to settle some or all of the claims in a case.
Resolution Options:
Resolution options in family law refer to the various pathways available to separating or divorcing parties to resolve their disputes outside of traditional court litigation. These methods are designed to offer alternatives that can be more collaborative, less adversarial, and often more cost-effective.
Respondent:
There are usually two parties in a family law case – the applicant and the respondent. The applicant starts the case and the respondent “responds” to the case by serving and filing an Answer – Form.
Representation in Court:
Representation in court involves a lawyer or legal representative acting on behalf of a client during legal proceedings. This representation can encompass a wide range of activities, including presenting the case, arguing legal points, submitting documents, and advocating for the client’s interests before a judge or jury. Effective representation is crucial for navigating the complexities of the legal system, ensuring the client’s rights are protected, and striving for the best possible outcome in the case.
Serving a form:
Serving a form involves delivering copies of legal documents or forms to the other party involved in the case. This process must adhere to specific rules regarding how and when the documents are delivered. Depending on the situation, documents may be mailed to the other party’s lawyer or directly to the party if they are unrepresented. Some circumstances require “special service” for document delivery.
Settlement Conference:
A settlement conference is a discussion facilitated by a judge, involving the parties and their lawyers, aimed at resolving outstanding issues. Often, the judge may issue orders based on agreements reached by the parties during this conference.
Spousal Support:
Spousal support involves financial payments made from one party to their former spouse, typically from the higher-earning party to the one with lesser or no income. This support aims to address economic disparities following a separation or divorce. Contact a spousal support lawyer for more information.
Supervised Access:
Supervised parenting time, previously known as supervised access, is a safeguarded arrangement for a parent to spend time with their child under supervision. This is necessary when unsupervised time with the child is deemed inappropriate. Supervision can occur in a formal setting, such as a supervised access center, or informally through a family member or agreed-upon third party.
Trial Management Conference:
A trial management conference is a meeting between a judge, the parties, and the parties’ divorce lawyers to prepare the parties for trial. At the trial management conference, the judge will talk to the parties about their witnesses, the evidence at trial and the time needed for trial.