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  • Give someone else a voice

    4 Brick Court's running team took part in the Great South Run (10 miles in Portsmouth on 26th October)on behalf of a favourite charity and your support would be greatly appreciated by the many children who have come to depend on VOICE.  VOICE is a charity entirely dedicated to giving support advice and assistance to the 60,000 children in care in the UK at any one time.

     

    The team from chambers included Jacqui Gilliatt, Louise MacLynn, Francis Cassidy, Lee Pearman and Paul Carver, joined by Jacqui's husband, John Sullivan, his friend David Parkinson and Jacqui's friends Carolyn & Tim Cobbold.

    You can log on to our Just Giving website and translate our pounding the pavements of Portsmouth in to pounds for this charity.

    Alternatively we will be happy to receive cheques made out to Voice at 4 Brick Court.

     

    Click to find out more about VOICE

  • New files on 4bc Website

    We have recently added to our website - the June 2008 updater - the Jargon Buster from A to Z (in  Family Law General) & the Family Law Bibliography (also in Family Law General).

  • Standard of Proof in Care Proceedings

    The House of Lords ruled on 11th June 2008 in an appeal in which three members of  4 Brick Court Chambers appeared before their Lordships on 19th and 20th May 2008. Marianna Hildyard QC and Isabelle Watson represented the Respondent father and Stuart Fuller (led by Stephen Cobb QC of 1 Garden Court Chambers) represented the Appellant children (through their Children’s Guardian). CAFCASS intervened.

  • Domestic Violence Practice Direction

    This Practice Direction came into force on 9.5.08.  See also the comments of Robert Stevens reported on the Family Law Week blog.

  • PLO Guidance for London

    Judge Altman, the Designated Judge for London, has issued an Initial Local Plan for London dated 10th April 2008in respect of the implementation of the Public Law Outline (which is already in force). It applies to the London Care Centre which means the PRFD & Barnet, Kingston & Croydon County Courts & is relevant also to cases transferred into those courts from the FPCs.

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Articles listing » Family General » Jargon Buster A


Jargon Buster A

 Word / Acronym

 

Definition
Absent Parent

Defined by the Child Support Act 1991 as the parent who is not living in the same household as the child.

 

Access

In older legal proceedings meant the same as contact.

 

Acknowledgement of service

The response form to a divorce petition to be completed by the Respondent.  This shows whether there is any intention to defend the divorce petition, any disagreement as to jurisdiction and whether contact arrangements for any children are agreed.  The Acknowledgement of Service is attached to the Petitioner's affidavit in support of the petition along with the application for a decree nisi.

 

Link to court forms

 

ACPC

See Area Child Protection Committee

 

ADHD

See Attention Deficit Hyperactivity Disorder

 

ADR

See Alternative Dispute Resolution

 

Adopted Person

A person who has been adopted

 

Adoption Contact Register

The Adoption Contact Register was set up in 1991 and is operated by the Registrar General.  Parents can register their wish for contact or no contact with their birth child.  If an adopted person registers a wish for contact, the birth parent's details will be sent to the adopted person if they have also registered a wish for contact.  It is for the adopted person to decide whether contact should be made. 

 

After Adoption Website

 

Registrar General Website

 

Adoption Needs

As every child has different needs, an adoption panel will consider the adoption needs of each child on an individual basis before making its recommendation as to whether an adoptive placement is suitable for the child and if so which type of placement would best suit the child's needs.  These needs will range from those children with physical/learning disabilities, whether the child is best placed in a family with other children or whether the child's needs require experienced parenting skills.

 

Adoption Order

Defined by section 46(1) Adoption and Children Act 2002 and adoption order gives the adopters parental responsibility of a child.  On making an adoption order the birth parents no longer have any legal rights over the child.

 

Link to section

 

Link to British Association for Adoption & Fostering

 

Adoption Panel

An adoption panel is a group of adoption specialists and people experienced in adoption.  They make recommendations to the adoption agency as to whether:

 

  • a child in the care of a local authority should be made available for adoption;
  • prospective adopters should be approved as suitable to adopt;
  • whether the adoption needs of a child are met by prospective adopters.

Direct Gov Adoption resources

 

Adoption Support Needs

Under The Adoption and Children Act 2002 (which came into force on 30th December 2005), the local authority must by law assess the adoption support needs of families and individuals involved in the adoption process if asked to do so.

 

Support which can be given includes counselling, advice and information and providing help with contact with the child.

 

Direct Gov Adoption resources

 

Adultery

Voluntary sexual intercourse between a man and a woman who are not married to each other but one of whom at least is a married person. This is a ground for divorce but a more frequently used ground is unreasonable behaviour as it easier to prove.  See also Co-Respondent.

Advocate

A legal advocate is a solicitor or barrister who provides advice and represents their client in court by arguing their client's case.  Local advocacy services provide non legal advocates in fields such as health and social services to support people by attending meetings with them and helping people to write letters.

 

Affidavit

A sworn written statement which has been confirmed as being true.  Affidavit's can be sworn any religious book or by a declaration.  Affidavits can be sworn by commissioners for oaths which means, a person appointed by the Lord Chancellor with power to administer oaths or take affidavits. All practising solicitors & practising & non-practising barristers have these powers but must not use them in proceedings in which they are acting for any of the parties or in which they have an interest.

 

Alcohol Abuse

A person who regularly drinks to excess, has difficulty controlling their alcohol consumption and who continues to drink despite knowing the harmful effects of excess alcohol consumption is abusing alcohol.

 

NHS Direct

 

Allocated Social Worker

A social worker is allocated to families and children where there is local authority involvement, foster carers and prospective adopters.  Their role is to provide support and information, make assessments and produce reports for the local authority and the court.

 

Allocation Hearing

At the first hearing in care cases (the First Appointment) the court will consider the allocation of the case ie which court and which Judge should hear the case in future and transfer cases from the Family Proceedings Court (magistrates) to the County Court if the case is obviously suitable for immediate transfer (usually because it is complicated or there are related proceedings already in the County Court).

 

Allocation Record

Under the PLO Local Authorities should submit an allocation record to the court when they make an application to the court.  An allocation record will contain social, health, care or educational steps and will include a proposal for the level of court where the application should be heard and room for the court to record its allocation decisions and reasons.

 

Allocation Record Form

 

PLO Forms on Family Law Week

 

PLO Forms on Court Service

 

Alternative Dispute Resolution

Alternative Dispute Resolution is the collective term given to methods of resolution and settlement outside the court process.  It includes mediation, lawyers' negotiations, collaborative law and arbitration.

 

DCA Guide to ADR

 

Ancill

Ancillary Relief

 

Ancillary Relief

Ancillary Relief is the term given to financial orders and the court process concerned with settling disputes about money or property which may arise during or after a divorce, a marriage annulment or a judicial separation.  Since 2006, the dissolution of civil partnerships has also been entitled to seek orders for ancillary relief.

 

Ancillary Relief includes the sale or transfer of property, maintenance payments made to a spouse, a lump sum payment and/or pension sharing and attachment orders.  It also covers school fees and child maintenance "topping-up" orders, as well as child maintenance orders made by agreement between the parents.

 

Answer

The formal defence to a divorce petition.

 

Appeal

The application to a higher court to review  decision of a lower court

 

Applicant

The person that is applying to the court for something is known as the applicant.  Where the application is a petition for divorce they are referred to as the petitioner.  The other side, who respond to the application, is called the Respondent.

 

Area Child Protection Committee

Committee at local authority level to set policy about child protection involving representatives from the police, social services, education, health etc.  The Area Child Protection Committees have been replaced by the Local Safeguarding Children's Boards.

 

Every Child Matters on LSCBs

 

Arbitration

Independent adjudication outside of the court system where the arbitrator makes the decision about issues outside of the court process.  This is not legally binding.

 

Arranged Marriage

A marriage where the parents of the bride and groom chose their children's spouse. 

 

Attention Deficit Hyperactivity Disorder

This is a condition that affects 3 - 5% of children in the UK and is 3 or 4 times more likely to occur in boys than girls. A child with ADHD is typically unable to concentrate, constantly moves around, and has poor school performance compared with intelligence. Their behaviour at home and at school tends to be disruptive.

 

Due to difficulties with impulsive behaviour and self control sufferers may have trouble when it comes to showing their empathy.  The disorder is often treated with Ritalin.

 

National Attention Deficit Disorder Information & Support Service website

 

Autistic Spectrum Disorder

Autistic Spectrum Disorders are those that include spoken and non-spoken communication problems - in particular, problems with socialization/empathy. These include:

  • Autistic Disorder: severely disordered verbal and non-verbal language skills and unusual behaviours. This can occur on a spectrum so a person with high functioning autism would exhibit much less severe characteristics that a person at the more severe end of the scale.
  • Asperger's Syndrome: (relatively good verbal language, with "milder" non-verbal language problems.  A restricted range of interests and ability to relate to others).
  • Semantic Pragmatic Communication Disorder: (delay and trouble with the use of language but less trouble with socialization).

National Autistic Society website

 

Autism Uk website