Family Court Glossary

Family court proceedings use a lot of unfamiliar terms. The definitions below are intended as a plain-English starting point. The exact meaning or effect of a term can depend on the type of proceedings and the circumstances of the case.

FHDRAFull article →

First Hearing Dispute Resolution Appointment. Often the first hearing in private children proceedings. It gives the court an opportunity to understand the issues, consider safeguarding information, explore whether matters can be resolved and decide what should happen next. (Cafcass)

C100Full article →

The application form used for certain applications under section 8 of the Children Act 1989, including child arrangements, prohibited steps and specific issue orders. (GOV.UK)

C1AFull article →

A supplementary form used to provide information about allegations of harm or domestic abuse, or to respond to allegations made by another person. (GOV.UK)

Child Arrangements Order

An order dealing with arrangements concerning a child, including who a child is to live with or spend time with.

Prohibited Steps Order

An order preventing a person from taking a particular step in relation to a child without the court's permission.

Specific Issue Order

An order allowing the court to decide a specific question about a child's upbringing.

Litigant in PersonFull article →

A person involved in court proceedings who represents themselves rather than having a solicitor or barrister representing them. (Cafcass)

McKenzie FriendFull article →

A person who provides practical support to someone representing themselves. They may take notes, help with papers and quietly provide advice, but do not normally have the right to speak to the court or conduct the litigation on the person's behalf. (Courts and Tribunals Judiciary)

Cafcass

The Children and Family Court Advisory and Support Service. In relevant family proceedings, Cafcass provides information and advice to the court concerning children and families.

Family Court Adviser (FCA)

A Cafcass professional who works with families involved in family court proceedings. Depending on the case, an FCA may carry out further assessment and prepare a report for the court.

Section 7 Report

A report prepared under section 7 of the Children Act 1989. In appropriate cases, Cafcass may be asked to prepare a report about a child's welfare and the issues identified by the court. (Cafcass)

MIAM

Mediation Information and Assessment Meeting. A meeting with an authorised mediator where people can learn about mediation and other ways of resolving a family dispute without court proceedings. A MIAM is normally required before certain applications, subject to exemptions. (GOV.UK)

Mediation

A process in which an independent mediator helps people discuss a dispute and explore whether they can reach an agreement. The mediator does not normally make the decision for them.

Safeguarding

Steps taken to identify and respond to concerns about the safety and welfare of children or other people involved in proceedings.

Court Order

A formal direction or decision made by the court. Orders can require parties to do particular things, prevent particular actions or record decisions made by the court.

Directions

Instructions made by the court about what needs to happen during the proceedings. Directions can cover matters such as evidence, documents, hearings and deadlines.

Witness StatementFull article →

A written document containing a person's evidence. It is normally prepared in accordance with the Family Procedure Rules and relevant Practice Directions. (GOV.UK Justice)

Position StatementFull article →

A short written submission setting out a party's position on the issues that need to be dealt with at a particular hearing. It is different from a witness statement and is not normally intended to introduce new evidence. (GOV.UK Justice)

Statement of Truth

A formal confirmation that the person making a document believes the facts stated in it are true. Witness statements generally require a statement of truth in accordance with the applicable rules. (GOV.UK Justice)

Evidence

Information placed before the court to help it decide disputed issues. Evidence can take different forms, including witness evidence and documents.

Fact-Finding Hearing

A hearing where the court determines disputed factual allegations. It may be relevant in cases where the court needs to establish what happened before deciding other issues.

Allegation

A claim that something happened or that someone behaved in a particular way. An allegation is not automatically a proven fact.

Domestic Abuse

A broad term covering different forms of abusive behaviour, including physical, emotional, psychological, sexual and controlling or coercive behaviour. Family court proceedings have specific guidance concerning domestic abuse and child arrangements. (GOV.UK Justice)

Coercive or Controlling Behaviour

A pattern of behaviour used to control, intimidate or restrict another person. In family proceedings involving alleged domestic abuse, the court may need to consider patterns of behaviour rather than viewing incidents entirely in isolation. (GOV.UK Justice)

Respondent

The person who responds to a court application made by another person.

Applicant

The person who makes an application to the court.

Parental Responsibility

The legal rights, duties and responsibilities relating to a child. It includes important responsibilities concerning the child's upbringing.

Private Law Proceedings

Family court proceedings between private individuals, such as parents or other people involved in arrangements for a child.

Public Law Proceedings

Proceedings where a local authority or another public body is involved, commonly concerning applications relating to the care or supervision of children.

Local Authority

The local government body responsible for services in a particular area. In children's cases, this can include children's social care.

Magistrates

In family proceedings, magistrates are members of the community who can sit as a panel to hear certain cases. They are supported by a legal adviser.

Judge

A judicial office-holder who makes decisions and manages proceedings in accordance with the law and the applicable rules.

Hearing

A formal court appointment where the judge or magistrates deal with some or all of the issues in a case.

Final Hearing

A hearing at which the court determines the issues that remain to be decided, subject to the particular type of proceedings.

Court Bundle

A collection of documents prepared for a hearing in accordance with the applicable rules and directions. It allows the court and parties to access the documents relevant to the hearing.

Scott ScheduleFull article →

A structured table traditionally used to identify individual disputed allegations or issues. The term is still encountered in family court material, but current Practice Direction 12J has removed references to “Scott Schedules” in the context of domestic abuse and emphasises a holistic assessment of allegations. (GOV.UK Justice)

Legal Aid

Government-funded legal assistance that may be available to people who meet the relevant eligibility requirements. Eligibility depends on the type of case and the person's circumstances.

Service

The process of formally providing court documents to another person or party. The rules about who must be served and how this is done depend on the proceedings.

Without Notice

A procedure where an application or hearing takes place without the other party being given advance notice, usually because there is a particular reason for the court to consider doing so. It is not the normal procedure and depends on the circumstances.

Non-Court Dispute Resolution

Ways of trying to resolve a family dispute without having the court decide every issue. Mediation is one example, although there are other forms of non-court dispute resolution.

Case Management

The process by which the court organises a case, identifies the issues and decides what needs to happen before the dispute can be resolved.

Directions Hearing

A hearing focused primarily on deciding what needs to happen next in a case. The precise name and purpose of a hearing can vary depending on the type of proceedings.

Fact

Something that is asserted to have happened and may need to be established by evidence if it is disputed.

Order Sought

The decision or directions that a party is asking the court to make. A position statement will often set out the orders or directions sought at a particular hearing. (GOV.UK Justice)