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Glossary

issued

In Family Law

Most court forms that start a court process have to be issued. For example, your Application form has to be issued to start a court case. Your form is issued when the court clerk gives you a court file number and signs, dates, and applies the court seal to the upper left corner of your original form.

joint custody

In Family Law

Joint custody is a type of custody where both parents must agree on important decisions that affect their child. It includes decisions about the child’s health, education, and religion. One parent cannot decide these things without the other parent agreeing.

Other people, for example, grandparents, can also apply to the court for custody.

legal aid certificate

In Family Law, Health and Disability, Mental health, Immigration Law, Refugee Law

A legal aid certificate is a document that says Legal Aid Ontario (LAO) covers the cost of a private lawyer to work on your legal problem for a certain number of hours.

To get a legal aid certificate, you must show that your income and assets are low enough, and that your legal issue is one that LAO covers.

Mandatory Information Program

In Family Law

The Mandatory Information Program (MIP) is a program for partners who are separating or divorcing. It gives them information about:

  • family law issues
  • the family court process
  • how separation and divorce affects adults and children
  • ways to solve issues without going to court
  • local resources and programs

In most situations, both partners must attend an MIP before their court case can move forward.

The MIP is available at all family court locations across Ontario.

marriage contract

In Family Law

A marriage contract, sometimes called a domestic contract, is a written contract that partners can make that says how they will deal with their issues while they are married, at the end of the marriage, or if one of them dies. They can make this kind of contract before they marry if they plan to marry, or after getting married. For example, a marriage contract can say how much spousal support one partner will pay the other if they separate. It cannot say who will have custody or access to any children.

married

In Family Law

To be married or to have a marriage means that 2 people of the same or opposite sex had a marriage ceremony with someone that has the legal power to marry them. A marriage ends only by divorce, annulment, or the death of one of the partners. Being separated is not the same as being divorced.

matrimonial home

In Debt and Consumer Rights, Family Law

The matrimonial home is the property that was usually used by married partners as their family home at the time they separated.

There can be more than one matrimonial home.

Common-law partners cannot have a matrimonial home.

mediation

In Child abuse and neglect, Domestic violence, Family Law

Mediation is an alternative dispute resolution process where people who do not agree on something meet with someone called a mediator. The mediator is a neutral person trained to help people agree on their issues without taking sides.

The mediator’s goal is to help them find a solution that they agree on. A mediator does not make decisions or force anyone to agree to anything.

A mediator is sometimes also called a facilitator.

mediation-arbitration

In Family Law

Mediation-arbitration is a process that tries to solve your legal issues without going to court. It combines the alternative dispute resolution processes of mediation and arbitration.

First, you and your partner meet with a neutral mediator, who is trained to help you agree on your issues without taking sides. Then, if you have not been able to reach an agreement with the mediator’s help, a neutral arbitrator decides what should happen. An arbitrator’s decision is called a family arbitration award.

You and your partner can decide if you want the same person to act as mediator and then, if necessary, as an arbitrator. Or, if you want different people to be the mediator and arbitrator.

minutes of settlement

In Child abuse and neglect, Domestic violence, Family Law

Minutes of Settlement is a document that describes how parties have decided to resolve their issues. For example, you can sign minutes of settlement with your partner or a Children’s Aid Society. It can be used to get a court order, called a consent order, that says what the parties have agreed to.