What is meant by the legal term “party” in family law?
When the term “party” is used in as a legal term, it refers to either the individual who is making a claim or the individual against whom the claim is being made.
With regards to motions, the term party is used when referring to any individuals who are directly affected by the motion in question. However, this rule does not extend to the children who are affected by the motion when referring to motions related to custody, access, child protection, adoption, or child support.
The party who is making a claim is commonly referred to as the applicant of a claim. Consequently, the individual against whom the claim is being made is called the respondent of a claim.
According to the Child and Family Services Act, any parent or person who has taken care of the children involved in the case, with the exclusion of foster parents, are considered to be a party involved in the matter, unless ordered otherwise by the court.
In addition, the court is within its right to decide if any other individuals should be a party, and therefore should be added as parties in a given matter.
In the event that an individual, or party, decides to bring upon a motion to change an order, or a status review application, the description of the parties as applicants and respondents is required to stay the same. This rule excludes situations dealing with child protection and status review, applications for an openness order, enforcement or an appeal.
In addition, in an enforcement of a payment order, the parties involved may be described as the payors, recipients, and garnishees, as opposed to applicants and respondents.
In appeals of previous motions, the parties are usually required to adopt the names of applicants and respondents.
In the event that the application is brought under section 145.1.2 of the Child and Family Services Act, though the individual who is bringing the application should still be referred to as the applicant, the Children’s Aid Society as well as any other party entitled to notice should be referred to as respondents.
For more information on who is considered to be a party when referring to a case, contact family lawyers in Richmond Hill at Krol & Krol at 905.707.3370.
