Glossary - Family Law

In Family Law

When the parties in a court case agree on one or more of the issues that their case is about, they can make a written agreement. They can then ask the court to make a court order based on that agreement. This order is called a consent order.

A consent order can be temporary or final.

In Family Law

A contact order is a court order that allows a child to have contact with a person who is not a parent and who does not stand in the place of a parent, such as a step-parent. For example, contact can include visits or telephone or webcam calls with a grandparent or an aunt or uncle.

In Family Law

Cost consequences are when one party has to pay some or all of the legal costs of the other party. Legal costs usually include lawyer’s fees. It might also include other costs paid, such as the fee paid to have a pension valued.

The court decides when to make a court order for cost consequences. For example, it might order you to pay some of your partner’s costs if it made the court order that your partner asked for.

In Family Law, Tribunals and Courts

The court clerk is a person at the courthouse responsible for things like issuing documents, maintaining court files, and setting court dates.

In Family Law

A court order is a decision made by a judge that requires a party to do something or not do something. A court order can be a temporary order or a final order.

In Abuse and Family Violence, Criminal Law, Family Law

Cross-examination is when one party, or their lawyer if they have one, questions the other party’s witnesses. The purpose of cross-examination is to test how true and reliable a witness’ answers are.

In Abuse and Family Violence, Family Law

The Crown Attorney, sometimes called the prosecutor, is a government lawyer who presents the case against the person accused of a crime in criminal court. They work for the government and are not the victim’s lawyer.

In Child abuse and neglect, Family Law

A Crown ward is a child under the age of 18 years who has been taken away from their parents’ care by the court and is in the care of a children’s aid society (CAS). The CAS makes all of the decisions for the child that their parents would normally make.

In Child abuse and neglect, Domestic violence, Family Law

The new term for custody is decision-making responsibility for most family law cases. If you have a child protection case, the term custody may still be used.

Decision-making responsibility or custody is the right to make important decisions about how to care for and raise a child. It includes the right to make decisions about the child’s health, education, religion, and important extra-curricular activities.

The parents can agree to or the court can give:

• one parent all decision-making responsibility,
• 2 or more parents decision-making responsibility, or
• different parents separate responsibilities, for example, one parent makes decisions about the child’s health and another parent makes decisions about the child’s religion.

In Abuse and Family Violence, Family Law

Customary care is the type of care a First Nations, Inuk, or Métis child might get if they cannot be cared for by their parents. It means the child is cared for in a way that considers their First Nations, Inuk, or Métis community’s culture, heritage, traditions, and who they see as family.