Family & De Facto Law

Monday, October 19, 2015

Word or Phrase Description
Access Old term for visitation with a child.
Adoption Formal process to bring a child into a family unit.
AVO/DVO Apprehended violence order/domestic violence order – designed to protect a party from physical, emotional, psychological and other abuse.
BFA – Binding Financial Agreement Legally binding document which divides your assets.
Child Protection A matter involving the Department of Child Safety removing a child from a parents care.
Child representation The role of the Independent Children’s Lawyer i.e. to work out the best interests of a child.
Child Support The responsibility to financially support a child.
Child Support Agreement A legally binding document which changes your child support payments by consent with the other parent.
Conciliation conference A mediation conducted by the court in property settlement matters.
Contact Newer term for access – spending of time with a child.
Custody Old term for the primary care of a child. Who the child lives with.
De Facto Non-married couples living together in a “married type” manner.
Divorce The formal ending of a marriage. Divorcing your husband/wife.
Family consultant The person appointed by the court to write a brief report about the family situation and provide recommendations.
Family report An 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 date The first date after an application is filed with a court.
ICL Independent Children’s Lawyer.
Interim hearing A 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 with Current term for where a child spends most of their time.
Mediation A 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.
Mention A court date that is used to check progress of a matter.
(equal shared) Parental Responsibility Guardianship, responsibility for the long term decisions concerning a child such as education, religion.
Parenting Plan A less formal agreement between parents about the day to day arrangements for the child.
Property Settlement The arrangement, for de facto or married couples, whereby they work out who receives what portion of the property pool they have accumulated during the relationship.  Dividing your assets.
Residence Newer term for custody – primary residential care of the child.
Separation When parties no longer wish to live together or be seen as a couple or husband and wife.
Sole occupancy/ouster order An 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 with Formerly access – visitation or spending of time with the other parent.
Superannuation splitting A formal process whereby a portion of one party’s superannuation is split off to the other party’s superannuation fund.
Surrogacy Arrangement whereby someone independent from a couple carries a baby to term, altruistically or commercially.

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