Translating The Terms Of The Family Court For Parents 

For many separated parents, sometimes even with the best intentions, agreements in respect of your children can be hard to reach. Many parents seeking a Family Court Order do not know where to start. It doesn’t help that when attempting to navigate the process, the terms used can be unfamiliar to parents and not what you would have expected. There are many terms that parents still use in daily life that are no longer used legally and you won’t find on forms or hear in the Court room. Therefore, it is worth taking a look through the below terms to familiarise yourself and be fully prepared for court proceedings. 

• CUSTODY = LIVE WITH ORDER / RESIDENCE / CHILD ARRANGEMENTS 
  

Custody is the most common term that parents seeking a Court Order tend to use. Since the Children Act 1989 came into force, the term is no longer used in the family courts. Parents seeking custody are likely to be seeking for the Court to make an order directing that their child lives with them. This is a type of Child Arrangements Order, specifically a Live With Order. 

 

• 50/50 CUSTODY = SHARED CARE
  

If a parent seeks for their child to live between their parents equally, they often refer to this as 50/50 custody. In family law, this arrangement would be achieved through a Child Arrangements Order, specifically a Shared Care Order.  

 

• ACCESS  = CONTACT / CHILD ARRANGEMENTS 
  

Upon separation, some parents may find that when your child lives with an ex-partner, they are not seeing their children as much as they would like. Parents often refer to this as getting access to their children, but the Family Court refers to this as ‘contact.’ Contact is the time that you spend with your children and if you are seeking for the Court to grant you access, you will be asking them to direct ‘contact.’ This is achieved through a Child Arrangements Order, specifically a Spend Time With Order.  

 

• PARENTAL RIGHTS / RIGHTS = PARENTAL RESPONSIBILITY 
  

Many parents who are seeking a Child Arrangements Order believe that they have a fundamental right to their children. In fact, in law when it comes to your children, you have responsibilities rather than rights. The concept of Parental Responsibility was founded in the Children Act 1989, which Section 3 (1) defines as the rights, duties, powers, responsibilities, and authority which, by law a parent of a child has in relation to the child and his property. It should also be noted that you may often hear it referred to as (PR). Parents should be aware that you may not automatically have Parental Responsibility and you should seek legal advice to establish this. 

 

• INJUNCTIONS (DOMESTIC ABUSE) = NON-MOLESTATION ORDERS 
  

Often, if there are issues of domestic violence in a family or you have had proceedings brought against you, you may seek legal advice for the protection of the family Court. A Non-Molestation Order is an injunction that prevents a person from subjecting an associated person to any form of harassment. In any instance, you should seek legal advice. 

 

• INJUNCTIONS (CHILDREN LAW) = PROHIBITED STEPS ORDERS
  

If a parent is concerned with a particular step another parent is planning to take, i.e removing a child from their care or taking their child abroad, they may seek a direction from the Court to prevent the other party from taking this course of action. Prohibited Steps Orders carry penal notices – this means it is a criminal offence to breach it. 

 

• SOCIAL SERVICES = LOCAL AUTHORITY /CHILDREN’S SERVICES 
  

If you have had social services involvement with your family, you may find that the Court refers to them as the Local Authority or Children’s Services. 

 

• MIAM = INITIAL SESSION OF MEDIATION 
  

You may have been told that you cannot pursue a Court Application for a Child Arrangements Order without attending a MIAM. This is a ‘Mediation Information & Assessment Meeting’. You must ensure that you attend a MIAM before issuing proceedings. However, it is worth seeking advice in the first instance as there are several exemptions that can remove this requirement such as domestic abuse or urgency.