Glossary

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A

Aboriginal

Includes status and non-status, First Nations, Métis, Inuit, and anyone who identifies (thinks of themselves) as Aboriginal (also Indigenous).

access agreement

Describes when and where you can visit your child if a social worker removed your child from your home.

acquitted

declared not guilty

adjournment

To postpone (delay) a hearing or trial.

advocate

An advocate is a community worker who's trained to help people. Legal advocacy is when an advocate helps you deal with the legal system.

affidavit

A document that contains facts that you swear under oath or affirm to be true. A lawyer, notary public, or commissioner for taking affidavits must witness your signature and sign your affidavit.

affirm

To solemnly and formally declare in front of a lawyer, notary public, or commissioner for taking affidavits that statements made in court or the contents of an affidavit are true to the best of your knowledge and belief. An alternative to a religious oath (swearing).

agreement

A written document that sets out how you and your spouse have agreed to deal with parenting, support, and/or property.

allocation of parental responsibilities

Allocation means distributing something according to a plan. You might decide how to share or divide parenting decisions and record your decision in an agreement or ask the court for a court order.

alternative measures

Also called diversion. Conditions set by the probation office that you agree to follow (instead of going to trial).

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

The person who applies for a family order by filing a Notice of Application in Supreme Court.

arraignment hearing

The court appearance where you tell the court how you plan to plead. If you plead not guilty at this hearing, you'll plan a date for your trial.

arrears

Past support payments that haven't been paid.

asset

Any item worth money that's owned by a person, especially if it could be converted to cash.

B

bail

Bail is a guarantee to the court that you will appear in court when required, and that you will obey any conditions the court sets. A bail hearing is where a judge or justice of the peace will decide whether you should be released or held in custody (jail) until your trial.

BC Family Maintenance Agency

The BC Family Maintenance Agency (BCFMA) can track and monitor the child support and/or spousal support payments set out in a court order or agreement. BCFMA may take steps to recover payments if the payor falls behind. Either parent can choose to enroll in the program. BCFMA was formerly known as the Family Maintenance Enforcement Program (FMEP).

beneficiary

A person who's entitled to receive benefits under a will or estate. Sometimes called an heir.

breach

Failure to follow a court-ordered condition.

C

care of the Ministry of Children and Family Development

Your child is placed in foster care.

Chambers

A Supreme Court courtroom where applications (not trials) are heard.

child

In BC, anyone under 19.

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 a delegated Aboriginal agency) must 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 a delegated Aboriginal agency) contacts you or visits your home to ask questions about your family. The child protection worker might take your child from your home.

child support

Child support is money paid by one parent or guardian to another parent or guardian after separation to help take care of their children.

child's best interests

A legal test used 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.

collaborative

shared

collaborative planning and decision making

Ministry of Children and Family Development program you can participate in to help make decisions about your child's safety (also known as alternative dispute resolution or consensual dispute resolution).

common-law relationship

Note a legal term, but in BC family law often used to refer to unmarried couples who live together in a marriage-like relationship for at least two years. Used in some federal laws to refer to a marriage-like relationship of a year or longer.

conditional sentence

A prison sentence that's served in the community. This is also known as house arrest.

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.

contact with a child

In the Family Law Act, the time that a person who isn't a guardian spends with the child. In the Divorce Act, the time that someone who isn't one of the divorcing spouses spends with the child. Grandparents, other relatives, and other people important in the child's life can apply for a contact order.

contested divorce

If you and your spouse want to get divorced but can’t agree about parenting, support, how to divide property and debt, and other family law issues, you might have to apply for a contested divorce, also known as a defended divorce. With a contested divorce, you ask a judge to decide about the family law issues you don’t agree on.

convicted

found guilty

cross-examine

question witnesses after they've given evidence so you can point out weak spots or bring out a missed part

Crown counsel

Government lawyer who presents the case against you.

custody

In child protection cases, describes where the child lives and with whom, and the guardian's rights and responsibilities for the child. This term is no longer used in the BC Family Law Act or the federal Divorce Act.

D

deceased

The person who has died.

decision-making responsibility

The responsibility for making important decisions and getting information about a child's life. This includes a child's health; education; culture, language, religion, and spirituality; and significant extracurricular activities.

delegated Aboriginal agency

An agency that has an agreement with the Ministry of Children and Family Development to provide certain child protection services for Aboriginal communities.

dependent children

Children who are under 19; or over 19 but can't take care of themselves because of illness, disability, or another reason.

deportation

Removal from Canada.

desk-order divorce

When a judge makes a divorce order without the parties appearing in court. Can be ordered for both sole and joint applications.

detained

Denied bail

disclosure

The information that will be used in the trial, including a summary of the Crown's case, what the Crown witnesses will probably say, and a copy of any statement made to the police (either spoken or written). Also includes the Information and Crown's initial sentencing position.

dispute resolution

The process in which families work through their family law issues with a trained professional outside of court. It can include mediation, negotiation, collaborative law, arbitration, or parenting coordination.

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.

document

Any physical (paper) or electronic record of information (of a permanent or semi-permanent character) recorded or stored by any means of any device, including photographs, films, sound recordings, disks, tapes, and computer files.

duty counsel

Lawyers paid by Legal Aid BC who can help people with low incomes with their family law, criminal law, or immigration law problems. Duty counsel can give free legal advice, but can’t take on your whole case or represent you at trial.

E

elements

The basic parts of a claim, offence, or cause of action.

eligible

Whether you can get services

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 BC Family Maintenance Agency enforces support orders. The police enforce protection orders.

evidence

Information about the crime that is presented in court using witnesses, documents, audio or video recordings, and photographs.

excluded property

The property that each spouse owned before the relationship started, as well as gifts and inheritances to a 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 or other piece of evidence presented in court or attached to an affidavit. An exhibit can be all sorts of different types of evidence; for example, a photograph, an email, a bank statement, a receipt, or a piece of property.

F

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

The debts that one or both spouses took on during a relationship or to maintain family property after separation. The law assumes that both spouses are equally responsible for the debt unless that would be significantly unfair.

family dispute resolution process

Resolving family law problems out of court, such as through negotiation (with or without lawyers), mediation, collaborative law, or arbitration.

family dispute resolution professional

A person who helps resolve family law problems outside of court, such as a lawyer, mediator, or arbitrator.

Family Homes on Reserves and Matrimonial Interests or Rights Act

The law that deals with homes on reserve and interests in them for married or common-law opposite-sex or same-sex partners who experienced a relationship breakdown, or the Indigenous spouse who had title to the property has died. It applies when at least one person is a Status Indian or First Nation member, and where no other laws are in place from the First Nation.

family law case

A legal proceeding in which people apply for court orders to deal with their family law issues.

family law protection order

A court order under the Family Law Act to protect someone from violence. Previously called a restraining order.

family member

The law says a family member can be someone you are or were married to; someone you live or lived with in a marriage-like relationship (you might call it a common-law relationship); your own children; your child's other parent or legal guardian; a relative of yours who lives with you; or a relative of your spouse (or your child's other parent or legal guardian) who lives with 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.

family violence

Any behaviour that is violent or threatening to another family member. This includes physical, sexual, psychological, or financial abuse; harassment and stalking; confinement; or harm (or threats of harm) to animals or property. It's also family violence when a child sees or hears their parent being injured or fearful.

financially eligible

Meet our financial guidelines; you must not earn more than a certain amount.

first appearance

The first step in the court process before your trial, where you'll get information about your case.

First Nations

Includes status and non-status Indians. It can also refer to a band or community.

G

Gladue principles

Rights under the Criminal Code that refer to the special consideration that judges must give an Indigenous person when setting bail or during sentencing.

grant

accept

guardianship

When a child's parents live together, both parents are the child's guardians (have guardianship). When the parents separate, both parents continue to be guardians unless they agree to change this or a court orders a change. Someone who isn’t a parent can apply to the court to become another guardian of a child. Guardians are responsible for making all decisions about their child.

I

in custody

In jail

income

Money that comes into your home, usually your wages or salary.

income assistance

Welfare.

indictable offence

A more serious crime.

Indigenous

Includes Status and non-Status, First Nations, Métis, Inuit, and anyone who identifies (thinks of themselves) as Indigenous (also Aboriginal).

Initial Sentencing Position

A form that tells you what sentence the Crown prosecutor will be seeking if you plead guilty at an early stage in the court process. You’ll need this for your legal aid application.

interim order

A temporary court order made before a trial.

interjurisdictional

Situations where a court action involves people living in different provinces or jurisdictions.

J

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.

L

M

marriage

When two people agree to live together in a partnership made legally binding by a religious or civil ceremony. Marriage can only be ended by divorce, annulment, or the death of one of the parties.

marriage-like relationship

A relationship between a committed same-sex or opposite-sex couple characterized by various factors, including their lifestyle, interactions, and financial arrangements.

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 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.

Métis

People of mixed First Nations and European ancestry who identify themselves as Métis, as distinct from First Nations, Inuit, or non-Aboriginal people. The Métis have a unique culture that draws on their diverse ancestral origins.

N

negotiate

Work out through discussion.

net monthly income

Money that comes into your household each month after taxes and other deductions. Can include your salary or wages, social assistance benefits, child or spousal support, student loans, and your spouse's income.

no contact order

A court order that prohibits a person from contacting someone else (usually their former partner/spouse).

non-status Indian

Someone of First Nations descent who isn't registered as an Indian under the Indian Act.

notary public

A professional who has the authority to certify and prepare legal documents, witness signatures, and administer oaths and affirmations, among other services. In BC, all lawyers are notaries, but not all notaries are lawyers.

O

offence

The crime you’re charged with. There are less serious offences (summary) and more serious types of offences (indictable). Some offences carry mandatory minimum sentences

oppose

argue against

order

A type of court ruling a judge or master makes that sets out what you must do or not do.

P

parentage

Who a person's parents are. Generally, if a child is conceived naturally, a child's parents are the birth mother and biological father. This can be different if a child is adopted or born as a result of assisted reproduction.

parental responsibilities

Under the Family Law Act, the responsibilities guardians have for the children in their care, including decisions about daily care, education, religious upbringing, and extracurricular activities. After separation or divorce, guardians can share or divide parental responsibilities in whatever way that's in the child's best interests, as decided by agreement or court order.

parenting

Parenting time, and parental responsibilities or decision-making responsibility. Includes who has the right and responsibility to spend time with, make decisions for, and get information about the child.

parenting arrangements

Arrangements for the care of a child made in a court order or agreement after a separation or divorce. Includes where the child lives and who is responsible for making decisions that affect them.

parenting coordinator

A neutral third party who helps guardians resolve day-to-day conflicts about their parenting arrangements or parenting orders.

parenting order

A court order for parenting time, and parental responsibilities or decision-making responsibility.

parenting plan

Under the Divorce Act, a written document, or part of a document, that describes how parents will share parenting time and responsibilities when they live apart. Parenting arrangements are to be made in the best interests of the children.

parenting time

The time that a person (usually a parent) spends with the child and is responsible for making day-to-day decisions about their care and supervision.

particulars

A package of documents which includes the Information (the document setting out the charge(s) against you, and the place and date they allegedly occurred), a summary of the facts alleged against you, witness statements, and the Crown’s Initial Sentencing Position.

partner

The person you’re in a common-law relationship with, or your spouse (the person you're married to).

party

A participant in a 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.

pre-relationship property

Property owned by one spouse before the relationship started.

pro bono

free

property

Anything you own, including real estate, bank accounts, cars and other vehicles, and RRSPs.

R

recipient

The person who receives child or spousal support/maintenance.

reciprocal agreement

When an order or written agreement made in one place can be enforced in the other. BC has reciprocal agreements with all other Canadian provinces, the United States, and several other countries.

relocate

A move that is likely to significantly affect a child's relationship with a guardian, or someone who has parenting time and decision-making responsibility, or contact.

respondent

In many court proceedings, a term used for a party who responds to the application.

restitution

Pay money to someone, usually the victim, when ordered by the court.

restorative justice

A form of justice that focuses on repairing the harm done by your actions. You and anyone affected by your actions are given opportunities to heal. You're expected to take responsibility for your actions.

Rowbotham Application

If you're facing serious and complex criminal charges, you've been denied legal aid, and you can't afford a lawyer, you can ask the judge to appoint a government-funded lawyer for you by making what's called a Rowbotham application. Rowbotham is the name of an important Ontario case about the right to a government-funded lawyer.

S

safe house

A short-term emergency shelter that provides support and a safe place for women and their children to live after they leave an abusive relationship. Usually women and their children can stay for up to seven days. The safe house can also help find longer-term safe housing.

safety plan

A list of the actions you take to protect yourself and your children either during or after leaving an abusive relationship.

self-identify as Aboriginal/Indigenous

If you think of yourself as Aboriginal or Indigenous.

sentence

The penalty or punishment for your charges.

separation agreement

A document that sets out 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.

significant barriers

Significant barriers are situations that make it very difficult to provide proof of income or assets, including mental health or accessibility issues.

speak to sentence

Your chance to tell the judge anything about yourself that might help you get a lighter sentence.

spousal support

Spousal support is money paid by one spouse or parent to the other spouse or parent after separation.

spouse

A member of a same-sex or opposite-sex couple who are or were married. A spouse is also someone who is or was in a marriage-like relationship — for a certain period of time (typically two years) in the BC Family Law Act, and for a year or longer in some federal laws.

status Indian

Someone who's registered as an Indian under the Indian Act.

submission

The summary you present to the judge at the end of your case saying why you think the prosecutor didn't prove that you're guilty beyond a reasonable doubt.

subpoena

A legal document that orders witnesses to come to court.

summary offence

A less serious crime.

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

Child support is money paid by one parent or guardian to another parent or guardian to help take care of their children. Spousal support is money paid by one spouse or parent to the other spouse or parent after separation.

survivor

The person whose spouse or common-law partner has died.

swear

To take an oath in front of a lawyer, notary public, or commissioner for taking affidavits that statements made in court or 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. A non-religious alternative is to affirm.

T

testify

speak under oath at your trial or someone else's trial (to sit in the witness box and give evidence)

testimony

What you have to say about your case under oath, in court. Always check with a lawyer before you make any statements.

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 their lawyer. A trial results in a final decision by a judge.

trustee

A person who has legal control over money or property that is held in trust for another person.

U

undefended divorce

When 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 on how to deal with parenting, support, property and debt, and other family law issues. May be called either undefended or uncontested divorce.

undue hardship

Circumstances that show the amount of child support under the child support guidelines is too high or low. Must create undue (exceptional, excessive, or disproportionate) difficulty for the person making the claim.

V

vary

To vary means to change. Sometimes lawyers, judges, and court staff use this term to refer to changing an order.

W

waived

cancelled