Family & De Facto Law

Monday, October 19, 2015

Word or PhraseDescription
AccessOld term for visitation with a child.
AdoptionFormal process to bring a child into a family unit.
AVO/DVOApprehended violence order/domestic violence order – designed to protect a party from physical, emotional, psychological and other abuse.
BFA – Binding Financial AgreementLegally binding document which divides your assets.
Child ProtectionA matter involving the Department of Child Safety removing a child from a parents care.
Child representationThe role of the Independent Children’s Lawyer i.e. to work out the best interests of a child.
Child SupportThe responsibility to financially support a child.
Child Support AgreementA legally binding document which changes your child support payments by consent with the other parent.
Conciliation conferenceA mediation conducted by the court in property settlement matters.
ContactNewer term for access – spending of time with a child.
CustodyOld term for the primary care of a child. Who the child lives with.
De FactoNon-married couples living together in a “married type” manner.
DivorceThe formal ending of a marriage. Divorcing your husband/wife.
Family consultantThe person appointed by the court to write a brief report about the family situation and provide recommendations.
Family reportAn interview process which involves the parents of the child and significant others, designed to provide assistance to a court on working out the best interests of a child and how to support them.
First return dateThe first date after an application is filed with a court.
ICLIndependent Children’s Lawyer.
Interim hearingA process whereby the Court considers the application and response documentation of each party, hears submissions and makes a decision which is not the final decision.
Lives withCurrent term for where a child spends most of their time.
MediationA round table type discussion involving the parties and sometimes their lawyers, designed to try and bring about an agreement with the assistance of an independent person.
MentionA court date that is used to check progress of a matter.
(equal shared) Parental ResponsibilityGuardianship, responsibility for the long term decisions concerning a child such as education, religion.
Parenting PlanA less formal agreement between parents about the day to day arrangements for the child.
Property SettlementThe arrangement, for de facto or married couples, whereby the court decides who receives what portion of the property pool they have accumulated during the relationship.  Dividing your assets.
ResidenceNewer term for custody – primary residential care of the child.
SeparationWhen parties no longer wish to live together or be seen as a couple or husband and wife.
Sole occupancy/ouster orderAn application designed to secure the residential arrangements for one party, which involves the other party being formally told to leave the residence and find somewhere else to live.
Spends time withFormerly access – visitation or spending of time with the other parent.
Superannuation splittingA formal process whereby a portion of one party’s superannuation is split off to the other party’s superannuation fund.
SurrogacyArrangement whereby someone independent from a couple carries a baby to term, altruistically or commercially.

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