Glossary of Legal Terms

Access is an older family law term that used to describe time a child spent with a parent or another person. In many newer B.C. matters, it has largely been replaced by terms such as parenting time or contact.

An affidavit is a written statement of facts that a person swears or affirms is true. It is often used as evidence in court and must be signed in front of someone allowed to witness it, such as a lawyer, notary public, or commissioner of oaths.

Child support is money one parent pays to help cover a child’s everyday needs after separation. It is meant to help with things like housing, food, clothing, and other costs of raising a child, and it is usually based on the Child Support Guidelines.

Contact is the time a child spends with a person who is not a guardian, such as a grandparent or another important person in the child’s life. Contact can be set by agreement or court order.

Custody is an older term from divorce law that often referred to decision-making authority and care of a child. In B.C. family law, newer matters usually use parenting responsibilities and parenting time instead.

Divorce is the legal end of a marriage. In Canada, only married spouses can get divorced, and the divorce itself is granted under federal law through the court process.

Excluded property is property that may be excluded from the normal requirement to divide property between spouses. This can include certain gifts, inheritances, or property owned before the relationship. Whether property is excluded depends on the facts, and any increase in value may still need to be considered.

Family property is property that spouses are generally entitled to share after separation under B.C. family law. It can include real estate, pensions, bank accounts, investments, and other assets.

Family violence includes conduct by a family member that is violent, threatening, coercive, controlling, or that causes someone to fear for their safety. It can affect parenting arrangements and protective orders.

A final order is a court order that is intended to settle an issue on a lasting basis, subject to any future variation or appeal rights. It is different from an interim order, which is temporary.

A financial statement is the court form used to disclose income, expenses, assets, and debts in family law cases. It is commonly required for support and property issues.

Under B.C. family law, a guardian is generally the person responsible for a child’s care and upbringing. A guardian may also have parental responsibilities and parenting time.

An interim order is a temporary court order made before a trial or final order. It stays in effect until the court makes a further order or the parties reach another arrangement.

A judicial case conference is a court meeting with a judge to discuss the issues in a family law case, settlement possibilities, and next steps. It is often used to help move a case forward before trial.

Mediation is a process where a neutral third party helps people try to resolve family law issues without a contested court hearing. A mediator does not decide the dispute for the parties.

Parental responsibilities are the important decision-making responsibilities guardians have for a child. They can include decisions about health, education, religion, and protecting the child’s legal and financial interests.

Parenting arrangements describe how guardians will parent a child after separation. They include the allocation of parenting time and parental responsibilities.

A parenting assessment is a professional assessment used in some parenting disputes to help the court understand a child’s needs and the parenting arrangements that may best serve those needs.

A parenting coordinator is a professional who helps separated parents implement, manage, and in some cases resolve certain disputes about parenting arrangements after separation.

A parenting order is a court order that sets out parenting arrangements for a child. It may deal with parenting time, parental responsibilities, and related child-focused issues.