Glossary

Family court words, in plain English

The words you will meet in letters, forms and hearings, and what they mean.

Applicant
The person who starts a court case by making the application. On forms such as the FM5 you say whether you are the applicant or the respondent.Source: Q1, Q2, Note 2 (external source, opens in a new tab) See also: Respond to a C100: what to do if you are the respondent.
Bundle
The set of documents the judge reads for a hearing. It usually has to be an electronic PDF and should contain only documents relevant to that hearing.Source: paras 4.1-4.2 (external source, opens in a new tab); paras 5.1-5.2 (external source, opens in a new tab) See also: Court bundle: how to prepare one for the family court.
Cafcass
The Children and Family Court Advisory and Support Service. It is independent of the courts and social services and advises the court on what is in a child's best interests. In Wales the equivalent service is Cafcass Cymru.Source: official page (external source, opens in a new tab) See also: Cafcass safeguarding checks and the safeguarding letter, Section 7 report: what it is and what to expect.
Certificate of service
A document confirming how and when you served papers on someone. It is filed with the court at or before the first directions appointment or hearing.Source: rule 6.37(2) (external source, opens in a new tab) See also: Respond to a C100: what to do if you are the respondent.
Child arrangements order
An order deciding where a child lives, who they spend time with and whether other contact, such as phone calls, takes place.Source: official page (external source, opens in a new tab) See also: Respond to a C100: what to do if you are the respondent, After a child arrangements order: change or enforce it.
An order that records an agreement both parties have signed, which the court then approves to make it legally binding. In financial cases the court fee is £62.Source: official page (external source, opens in a new tab) See also: Financial consent order: how to apply (D81 and fee).
Directions
Instructions from the court about what must happen next, and by when. Examples include filing statements, getting reports and fixing the timetable to the final hearing.Source: FPR 12.12(2), (5)-(6) (external source, opens in a new tab) See also: FHDRA: what happens at the first hearing about a child, First appointment: financial remedy hearing explained.
Disclosure
Giving the other party and the court information and documents about your finances. Between the application and the first appointment, disclosure is limited to Form E documents and the questionnaire process.Source: r 9.14(4) (external source, opens in a new tab) See also: Form E: financial disclosure in a divorce explained.
DRA
A Dispute Resolution Appointment in a children case, often listed after a section 7 report. The court identifies the key issues and can consider using it as the final hearing.Source: PD12B para 19.3 (external source, opens in a new tab) See also: DRA: what happens at a dispute resolution appointment.
ES1 and ES2
Templates used in financial remedy cases. ES1 is a joint case summary and ES2 is a joint schedule of assets and income. Parties, including litigants in person, are expected to work together on them.Source: paras 57, 58 (external source, opens in a new tab) See also: First appointment: financial remedy hearing explained, Court bundle: how to prepare one for the family court.
Fact-finding hearing
A hearing to decide whether disputed allegations, such as domestic abuse, happened. The court decides whether one is needed when the outcome could affect what order it makes.Source: PD12B para 14.13 Safeguarding (b)-(c) (external source, opens in a new tab) See also: FHDRA: what happens at the first hearing about a child, Final hearing in a child arrangements case: what happens.
Family Procedure Rules
The Family Procedure Rules 2010 are the court rules for family proceedings. Practice directions, such as PD12B for children cases and PD9A for financial cases, sit alongside the rules.Source: FPR 12.1(1)(b), 12.2 (external source, opens in a new tab) See also: Financial remedy process: the stages explained.
FDR
A Financial Dispute Resolution appointment, a hearing to help you agree without needing a final hearing. At the first appointment the court usually refers the case to an FDR.Source: r 9.15(4) (external source, opens in a new tab) See also: FDR appointment: what happens and how to prepare.
FHDRA
The First Hearing Dispute Resolution Appointment, usually the first hearing in a children case. The court looks at safeguarding information, identifies the issues and decides the next steps. It is not confidential and can be referred to later.Source: PD12B paras 14.8-14.9 (external source, opens in a new tab) See also: FHDRA: what happens at the first hearing about a child.
Financial order
An order dividing assets such as pensions, property, savings and investments. It can also cover maintenance. The court makes one if you cannot agree, or approves an agreed one as a consent order.Source: official page (external source, opens in a new tab) See also: Financial remedy process: the stages explained, Financial remedy final hearing: what to expect.
Financial remedy
The court process for deciding money, property and pensions when a marriage or civil partnership ends. It usually starts with Form A.Source: para 13(1)(a), 13(2) (external source, opens in a new tab) See also: Financial remedy process: the stages explained.
First appointment
The first hearing in a financial remedy case. The court defines the issues, decides which questionnaire questions must be answered and usually refers the case to an FDR.Source: r 9.15(1),(2) (external source, opens in a new tab) See also: First appointment: financial remedy hearing explained.
Form C8
The form for keeping your contact details confidential. Details given on it are not revealed to the other party unless the court directs.Source: rule 29.1(2) (external source, opens in a new tab) See also: Respond to a C100: what to do if you are the respondent.
Form E
The financial statement each party completes in a financial remedy case. It is exchanged and filed at least 35 days before the first appointment and verified by a statement of truth.Source: r 9.14(1) (external source, opens in a new tab) See also: Form E: financial disclosure in a divorce explained.
Form H
An estimate of legal costs filed in a financial remedy case before each hearing. Form H1 gives the full costs before the final hearing.Source: r 9.27(1) (external source, opens in a new tab) See also: First appointment: financial remedy hearing explained, Financial remedy final hearing: what to expect.
Gatekeeping
The first check of a new children application by a nominated legal adviser and/or district judge. They allocate it to a level of judge, usually within one working day.Source: PD12B paras 9.2-9.3, 10.1, 22.2 (external source, opens in a new tab) See also: FHDRA: what happens at the first hearing about a child.
Help with Fees
A scheme that can reduce or remove a court fee if you have little savings and get certain benefits or have a low income. You apply online or on form EX160 at the same time as your court application.Source: official page (external source, opens in a new tab) See also: Help with Fees: paying family court fees (EX160).
Interim order
A temporary order that lasts until a later hearing or a final decision. In children cases the court should not usually make one without safeguarding information.Source: PD12J para 12 (external source, opens in a new tab) See also: FHDRA: what happens at the first hearing about a child.
Lay justices (magistrates)
Magistrates who sit as a panel to hear some family cases. In children cases the same panel, or at least the same presiding justice, may stay with the case after a fact-finding hearing.Source: PD12J para 20 (external source, opens in a new tab) See also: FHDRA: what happens at the first hearing about a child, Final hearing in a child arrangements case: what happens.
Litigant in person
Someone who represents themselves in court without a solicitor or barrister. GOV.UK says you have the right to speak for yourself in court.Source: official page (external source, opens in a new tab) See also: Position statement: family court guide and page limits, Court bundle: how to prepare one for the family court.
Litigation friend
Someone appointed to represent another person in court. GOV.UK says a 16 or 17 year old applying for an injunction needs one, usually a parent, family member or close friend.Source: official page (external source, opens in a new tab) See also: MIAM: do you need one before applying about a child?.
McKenzie friend
Someone who comes to court to help you by taking notes and giving advice. They cannot speak for you or sign documents for you. The judge decides whether you can have one.Source: official page (external source, opens in a new tab) See also: FHDRA: what happens at the first hearing about a child.
Mediation
A process where a neutral mediator helps you and the other person reach an agreement. It is confidential: the court is not told what was said or why agreement was not reached.Source: PD12B para 5.11 (external source, opens in a new tab) See also: MIAM: do you need one before applying about a child?.
MIAM
A Mediation Information and Assessment Meeting with an accredited family mediator. Before applying to court in many children and financial cases, the applicant must attend one unless an exemption applies.Source: PD12B Annex 2 paras 18, 21 (external source, opens in a new tab) See also: MIAM: do you need one before applying about a child?.
Non-court dispute resolution (NCDR)
Ways of settling a dispute without a court decision, such as mediation, arbitration, neutral evaluation and collaborative law. A MIAM on its own does not count as NCDR on Form FM5.Source: Q1, Q2, Note 2 (external source, opens in a new tab) See also: MIAM: do you need one before applying about a child?, FHDRA: what happens at the first hearing about a child, First appointment: financial remedy hearing explained.
Non-molestation order
An injunction that protects you or your child from being harmed or threatened by a person who has abused you. The person named can be arrested if they break it.Source: official page (external source, opens in a new tab)
Occupation order
An injunction that decides who can live in the family home or enter the surrounding area. It is applied for on Form FL401.Source: official page (external source, opens in a new tab)
Open proposal
A settlement proposal the court can see. If a case does not settle at the FDR, each party usually files and serves an open proposal.Source: r 9.27A(1) (external source, opens in a new tab) See also: Financial remedy final hearing: what to expect.
Order
A formal decision of the court that people must follow. In children cases the judge usually gives both parties a copy of an interim order and explains it before they leave court.Source: PD12B para 14.13 Order (other than a final order) (external source, opens in a new tab) See also: After a child arrangements order: change or enforce it.
Parental responsibility
The legal rights and duties relating to a child's upbringing, such as decisions about education and medical treatment. Having it does not by itself give a right to spend time with the child.Source: official page (external source, opens in a new tab) See also: Respond to a C100: what to do if you are the respondent.
Pension sharing order
A type of financial order about a pension. Any order containing one must come with a pension sharing annex (Form P1) for each pension.Source: r 9.35 (external source, opens in a new tab) See also: Financial remedy process: the stages explained.
Position statement
A short document setting out your position before a hearing. Each party files their own. In financial cases there are page limits for each type of hearing.Source: paras 88-90 (external source, opens in a new tab) See also: Position statement: family court guide and page limits.
Practice Direction 12J
The practice direction that sets out what the court must do in children cases where domestic abuse is alleged, admitted or suspected. It applies to applications about where a child lives or who they spend time with.Source: PD12J paras 1-2 (external source, opens in a new tab) See also: FHDRA: what happens at the first hearing about a child, Final hearing in a child arrangements case: what happens.
Prohibited steps order
An order that stops the other parent making certain permanent decisions about a child's upbringing, such as taking the child out of the country.Source: official page (external source, opens in a new tab) See also: Respond to a C100: what to do if you are the respondent.
Questionnaire
A list of further information and documents one party asks the other for, after reading their Form E. It is filed and served at least 14 days before the first appointment.Source: r 9.14(5)(c) (external source, opens in a new tab) See also: First appointment: financial remedy hearing explained, Form E: financial disclosure in a divorce explained.
Respondent
The person the application is made against or about. In a children case, everyone the applicant believes has parental responsibility is usually a respondent.Source: FPR 12.3(1) table (s8 order, "as above" to PR order row) (external source, opens in a new tab) See also: Respond to a C100: what to do if you are the respondent.
Safeguarding letter
A letter from Cafcass to the court before the first hearing in a children case. It reports the results of safety checks and says which forms were considered. In Wales it is called a safeguarding report.Source: PD12B paras 13.5, 13.7, 22.3 (external source, opens in a new tab) See also: Cafcass safeguarding checks and the safeguarding letter, FHDRA: what happens at the first hearing about a child.
Section 7 report
A welfare report the court can ask Cafcass or a local authority to prepare under section 7 of the Children Act 1989. The court states the specific issues the report must cover.Source: PD12B para 14.13 Reports (a)-(d) (external source, opens in a new tab) See also: Section 7 report: what it is and what to expect, DRA: what happens at a dispute resolution appointment.
Service
Formally giving court documents to another person in a way the rules allow. Methods include personal service, first class post and email in some cases.Source: rule 6.23 (external source, opens in a new tab) See also: Respond to a C100: what to do if you are the respondent.
Specific issue order
An order deciding one particular question about a child that parents cannot agree on, such as which school the child goes to.Source: official page (external source, opens in a new tab) See also: Respond to a C100: what to do if you are the respondent.
Statement of truth
A signed statement at the end of a document confirming you believe the facts in it are true. Witness statements, certificates of service and many court forms must have one.Source: r 17.2(1),(9) (external source, opens in a new tab) See also: Witness statement: family court format and rules.
Undertaking
A promise made to the court to do or not do something. At an injunction hearing, the court may accept an undertaking from the respondent instead of making an order.Source: official page (external source, opens in a new tab)
Without notice
An application the court deals with before the other person is told about it, sometimes called ex parte. It is used in urgent cases, and the other person is then told and given a chance to be heard.Source: official page (external source, opens in a new tab)
Without prejudice
A label on an offer showing it is not an open offer. The rules say such offers cannot be used as evidence, except as the FDR rules allow, and are not taken into account on costs.Source: r 28.3(8) (external source, opens in a new tab); para 4.3 (external source, opens in a new tab) See also: FDR appointment: what happens and how to prepare.
Witness statement
A written account of facts, signed with a statement of truth. An FL401 application, for example, must be supported by one.Source: rule 10.2(1) (external source, opens in a new tab) See also: Witness statement: family court format and rules.

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