Family Law Key Terms: Part I

The following are a list of key terms that are used in family law cases in Ontario:

Affidavit

A written statement of fact that is sworn under oath as being the truth. A party or witness may sometimes file an affidavit as a way of giving evidence to the Court.

Alternative Dispute Resolution

Ways to settle disputes or differences without a Court trial, such as mediation or negotiation.

Appeal

After a judge has made a decision in a trial or hearing, if either party is not satisfied, they may be entitled to "appeal" the decision to a higher Court. This means asking a higher Court to review the decision and make changes if necessary.

Applicant (in a divorce proceeding)

A person who commences a divorce application.

Application

Filing an application is a way of asking the Court to make an order. An application states what type of order the person is seeking.

Case Management Conference

An informal meeting between a judge, parties or their counsel to discuss and to potentially resolve issues related to the management of Court proceedings.

Certificate of Divorce

The final document issued by the Court at the end of a divorce proceeding. Either party may apply for this certificate 31 days after the divorce has been granted.

Child Support

Money paid by one parent to the other parent for the support of a child or children.

Child Support Guidelines

Rules for calculating how much child support an individual will have to pay. The guidelines include support tables for each province and territory, as well as rules for calculating special or extraordinary expenses, claims of undue hardship, and child support amounts in cases of split or shared custody.

Court Order

A decision by a Judge which must be followed by the parties.

Custody

This describes the arrangement made for the care of the children after parents separate. Custody refers to decision making and responsibility for the children. Parents may have joint custody, meaning they are both involved in decision-making for the children, or one parent may have sole custody, meaning s/he has all of the decision-making authority.

Divorce

The legal ending of a marriage.

Interim Order

A temporary order dealing with some matters until the final decision of the Court. An interim order may also be referred to as an Interlocutory Order.

Litigation

Legal action.

To learn more family law and divorce, contact Krol & Krol at 905.707.3370 for a consultation today.