C and FR

See: Child and Family Reporter

CA 1989

See: Children Act 1989

CAFCASS

Child and Family Court Advisory and Support Service

 CAFCASS

CAMHS

Children and Adolescent Mental Health Service

CAMHS

Calderbank

Calderbank offers set out proposals for settlement in proceedings.  A Calderbank letter is made without prejudice and can only be shown to the court at a First Directions Hearing in ancillary relief proceedings or when the issue of costs fails to be decided.  The main points of Calderbank offers are:

• (a) There must be full disclosure before the offer can be effective;
• (b) The applicant may risk failure on an application for costs if no counter offer is made or that one is not made within a reasonable time period.

See this article by David Terry

http://www.terry.co.uk/div_ar03.html

See Calderbank v Calderbank (1975) FLR Rep 113, CA and CPR 1998 r36.5(2) which can be downloaded from:

http://www.nadr.co.uk/articles/articles.php?category=15

Capital Gains Tax

A tax that is charged when an asset (eg a property which is not the main home)  is disposed of and which is linked to the increase in value of the asset during ownership.  If this is an issue, specialist financial advice is needed.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/BeginnersGuideToTax/DG_4016313

Care Order

An order that places a child in the care of the local authority made under section 31 of Children Act 1989. As a result of a care order the local authority acquires PR which in theory it shares with the parents. In practice it puts the local authority in the driving seat about any decisions to be made concerning the child's future and where they should live.

Generally but not always this will involve the child being placed away from his or her parents. A final care order can last until a child's nineteenth birthday unless the court discharges prior to the child's nineteenth birthday.

http://www.statutelaw.gov.uk/content.aspx?LegType=Act+(UK+Public+General)&title=children+act&Year=1989&searchEnacted=0&extentMatchOnly=0&confersPower=0&blank
etAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDoc
Id=2440124&ActiveTextDocId=2440192&filesize=15967

Care Plan

When a local authority recommends that a child should be the subject of a care order it must produce a detailed plan telling the court and the other parties what their proposals are for where the child should live, what services / help should be offered to the child and what contact he or she should have with family members (amongst other things).

A care plan should be prepared both for interim hearings and for final hearings and a new care plan should be prepared wherever there is an important change from an earlier care plan. Care plans are compulsory as a result of the Adoption and Children Act 2002.

Case Management Conference

The Case Management Conference in a care case is the main hearing at which the court manages the case by identifying the key issues & giving full case management directions.

Case Summary

In care proceedings the local authority produces a document which summarises their case.  It is submitted to the court for the case management conference and the issues resolution hearing.  The form to be used is PLO 4

 http://www.hmcourts-service.gov.uk/HMCSCourtFinder
/GetForm.do?court_forms_id=2210

Cash Equivalent Transfer Value

Often referred to as the CETV, it is a valuation given to a pension fund.  If the fund was transferred to another pension provider, it is the amount that would be transferred.

Causation Hearing

A hearing when the court decides whether some certain events happened and how they happened. For example whether a child was deliberately injured and by whom.

Central Authority

The Central Authority deals with other countries on cross-border family cases such as child abduction and works with the court in the foreign jurisdiction to secure the return of the child.

See

http://www.officialsolicitor.gov.uk/os/icacu_central.htm

CETV

See Cash Equivalent Transfer Value

CG

See: Children's Guardian and GAL.

CGT

See Capital Gains Tax

Child

Any person under the age of 18. (section 105(1) of the Children Act 1989)  see http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title
=children+act&Ye
ar=1989&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanke
tAmendment=0&s
ortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=244
0124&ActiveTextDocId=2440327&filesize=67272

Child Abduction

The removal or retention of a child across an international border by one parent (or person who has parental responsibility), which is either in contravention of a court order or without the consent of the other parent (or person who has parental responsibility).

http://www.reunite.org  

Child Abuse

The physical, sexual, or emotional maltreatment or neglect of children by parents, guardians or others responsible for a child's welfare.

Child Assessment Order

An order under s 43 of the Children Act 1989 permitting the applicant local authority to carry out an assessment of a child's health and development or of the way that the child has been treated. 

Child and Family Court Advisory and Support Service

Organisation employing Guardians and Child and Family Reporters who prepare reports for the court in public and private law cases.

 http://www.cafcass.gov.uk

Child and Family Reporter

Person employed by Child & Family Court Advisory & Support Service (CAFCASS)  to report to the court in a private law case (when parents or relatives cannot agree where a child should live or who should have contact).

Child in need.

Section 17 (10) of the Children Act states a child shall be taken to be in need if -

• (a) he is likely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;
• (b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
• (c) he is disabled.

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=children+act&Year=
1989&searchEnacted=0&extentMatchOnly=0&confersPo
wer=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&
PageNumber=1&NavFrom=0&parentActiveTextDocId=
2440124&ActiveTextDocId=2440214&filesize=8939

Children Act 1989

The principal act relevant to cases that involve children.

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=children+act&Year=
1989&searchEnacted=0&extentMatchOnly=0&confer
sPower=0&blanketAmendment=0&TYPE=QS&NavFr
om=0&activeTextDocId=2440124&PageNumber=1&SortAlpha=0

Children and Adolescent Mental Health Service

CAMHS provide a high-quality specialist and multi-disciplinary diagnostic assessment, treatment, advisory and consultative service for children and adolescents suffering psychiatric disorders, or where behaviour, emotional state or development is causing serious concern to themselves or those caring for them.
Their client group is defined as children or adolescents from birth to 16 or school leaving age, whichever is the later.

Young Minds a charity working with children, young people and mental health produce publications about CAMHS: http://www.youngminds.org.uk/publications/all-publications/
publications-by-subject/camhs/?searchterm=CAMHS

Every Child Matters on CAMHS

http://www.everychildmatters.gov.uk/health/camhs/ 

The Government is conducting a review of CAMHS at the moment due to conclude in October 2008.

http://www.dcsf.gov.uk/CAMHSreview/

Children Panel

Panel of the Law Society (now subject to the Solicitors Regulation Authority). Solicitors who want to specialize in care cases and who want to represent children apply for membership of this panel and have to satisfy the Law Society that they are sufficiently experienced and knowledgeable to call themselves specialists. Children may not be represented by solicitors who are not members of the children panel.

http://www.sra.org.uk/solicitors/accreditation/children-panel-accredit
ation-scheme.page  

CPC

Child Protection Conference

Child Protection Conference

If the local authority has what it considers to be safeguarding concerns about a child it will convene a multi-agency Child Protection Conference at which it will decide what enquiries, assessments and/or invention are needed in respect of a child, including whether the child should be the subject of a child protection plan.  A number of professionals will be invited to the meeting such as teachers, health visitors & the police.

Child Protection Conference Review

A follow up Child Protection Conference is held to review the safety, health and development of a child and considers the child protection plan. It is set up to decide whether a child is still at continuing risk of significant harm. It usually takes place within 3 months of the initial conference.

Child Protection Plan

An inter-agency plan decided upon at the child protection conference to protect a child whom it is considered is at risk of significant harm.

Child Protection Register

The Child Protection Register was a register of children who are judged to be at continuing risk of significant harm and in need of actual safeguarding through an Inter-Agency Child Protection Plan. A child's name could only be placed on the Child Protection Register by the decision of a Child Protection Conference. The category of registration reflects the concerns relating to the particular child.  The register is also used to collate and analyse information both locally and regionally.  The Child Protection Register has been phased out as of 1^st April 2008 & replaced by the Integrated Children's System. Children who would previously have been registered will become children who are the subject of a child protection plan.

http://www.everychildmatters.gov.uk/socialcare/integratedchildrenssystem/

Children's Guardian

Independent professional appointed by the court to speak on behalf of the child, investigate their family circumstances and history and make recommendations to the court about what should happen to the child in the future. Many Guardians are employed by CAFCASS. A Guardian is usually someone who has had several years experience as a social worker. (See GAL)

See this Cafcass leaflet which explains the role of Guardians.

http://www.cafcass.gov.uk/publications/leaflets_for_adults.aspx

Child Support Agency

Set up to deal with financial support for children from parents who have separated.

http://www.csa.gov.uk/

Chronic neglect

Cases in which parents are said to have neglected their children in a number of different ways (e.g. not making sure they go to school or important medical appointments, home unhygienic, not feeding, no routines, etc...) over a period of years.

Chronology

A history of key dates

Circuit Judge

Judge who sits in the County or Crown Court (where they are often called red judges - in the County Court they wear purple). A Circuit Judge is a higher rank than a District Judge and can hear almost any sort of family case (although the Ministry of Justice requires that Judges should be individually approved to hear family cases and care cases) See also HHJ.

http://www.judiciary.gov.uk/about_judiciary/roles_types_jurisdiction/judicial_profiles/salaried/circuit_judges.htm

Civil Partnership

The Civil Partnership Act 2004 brought in a new legal relationship for two people of the same sex akin to marriage which is formed by signing a registration document.

http://www.statutelaw.gov.uk/legResults.aspx?LegType=Act+(UK+Public+General)&title=civil+partnership&searchEnacted=0&extentMatchOnly=0&confersPower=0
&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=975804&PageNumber=1&SortAlpha=0

CJ

Circuit Judge

Clean Break

A financial settlement where it is agreed or ordered that the husband and wife will make no further claims against each other for capital or maintenance.  The object of a clean break is to end the spouses' financial dependence on each other following the marriage breakdown and removal of the obligation on them to live together.

In considering whether a clean break is appropriate the court will consider all the circumstances in making its decision. The court cannot order a clean break in respect of maintenance for a child. 

A clean break is often achieved by the payment of a lump sum and dismissal of all other claims.  In respect of the matrimonial home a clean break is achieved by an immediate sale or by a transfer of the property into the sole name of one of the parties.

CMC

Case Management Conference

Cohabitation

Couples who live together in a relationship but who are not married or in a civil partnership.  It is often wrongly assumed that cohabitation entitles a party to a status of common law wife or husband and therefore financial recourse in the event that the relationship breaks down.  Cohabiting couples often enter into a cohabiting agreement setting out their intentions for the future should their relationship end.  See the Citizens advice bureau website:

http://www.adviceguide.org.uk/index/family_parent/family/cohabita
tion_and_marriage_legal_differences.htm

Committal

Hearing at which a court decides whether to send someone to prison for breaking a court order (committed to prison).

Conciliation

Procedures vary from court to court. Sometimes an officer from the Children and Family Court Advisory and Support Services (CAFCASS) is on hand at court to meet the parties and help them resolve their difficulties. In every case the court will direct whether expert reports should be ordered, statements filed and further court dates fixed.  Conciliation is also a historical term that was used for mediation.

Consent Order

When parties agree terms in court proceedings the court will make an order by consent to show that the parties agreed to it.

Contact Centre

A venue usually run by volunteers at which parents (often fathers) can spend time with their children. Contact Centres do not usually supervise contact as such as in one to one supervision but the parent will not be left alone with the child for any significant amount of time. There are a few specialist contact centres (e.g. the Accord and Thomas Coram centres) where contact is more heavily supervised to prevent any risk to the child from e.g. physical or sexual abuse. Contact centres are most often used to get contact back up and running after an interruption or to reassure the non resident parent (e.g. that the other parent will turn up and that child will be safe).

You can find out more on the website of the National Association of Contact Centres

http://www.naccc.org.uk/cms/index.php

Contact Order

Under section 8 of the Children Act, a contact order is an order which requires the person with whom a child lives, or is to live, to allow a child to visit or stay with the person named in the order (direct contact), or for that person and the child to have contact with each other by phone, e mail, or letter, (indirect contact).  The order can also be used by the court to stop contact. 

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=children+act&Year=1989
&searchEnacted=0&extentMatchOnly=0&confersPower=0&bla
nketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&Nav
From=0&parentActiveTextDocId=2440124&ActiveTextDocId=2440138&filesize=10864

Contempt

Someone is in contempt if they break a court order. They may also be in contempt if they misbehave in court. Contempt can be punished in a number of ways including prison or a fine.

Core Assessment

This type of assessment (also known as a common assessment) is carried out by social services to address in-depth central issues or needs of a child and further the ability of the care givers to meet these needs and respond to them within the wider family and community context. It is the assessment by which section 47 enquiries are carried out. Any referral to social services should where a child is identified as having additional needs should give rise to a core assessment.  For more detail see the entry for the Framework Assessment.

Core Group

A group attended by the main professionals responsible for implementing the child protection plan which meets within two weeks of the child protection conference. E.g. Social Worker, Health Visitor. Parents are also invited.

Costs

1. The court can order that one party pays a sum contributing to the other party's legal fees.
2. The fees incurred with a person's own solicitor.

The general rule in relation to proceedings under the Children Act 1989 is that each party pays their own costs (in other words one party will not usually be ordered to pay the costs of the other side). 

Cost rules can be found in: www.justice.gov.uk/civil/procrules_fin/contents/parts/part43.htm

Counsel

Another word for Barrister. 

Counselling

Counselling is confidential and non judgemental where individuals or couples are supported to explore and clarify personal issues and difficulties and to make changes to their lives.  Counsellors encourage clients to develop an understanding of their problems and create their own choices regarding further action.  Counsellors do not tell clients what to do but they may give advice.  Counselling sessions can last for a few sessions or can be longer depending on the client's needs.

County Court

A court dealing with civil matters which can hear family cases.  District and Circuit Judges sit at County Courts.  There are 216 County Courts.

The court service website has a directory of all courts in England & Wales.

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

Court Order

A court order is a direction made by the court which is binding on the parties requiring a person to do or not do something. In the family court, the judge can order a wide range of directions and the breaking a court order is contempt (see entry for contempt.)

Co - Respondent

When adultery is cited as the ground for divorce, the person with whom the respondent is alleged to have committed adultery with is the Co - Respondent and can be named in the court papers.  The law does not require that the person be named and lawyers discourage clients from naming Co - Respondents as it does not help the divorce process.

CPC

See: Child Protection Conference

CPCR

See: Child Protection Conference Review

CPR

Child Protection Register

CSA

See: Child Support Agency

Custody

In older family proceedings custody meant the same as residence and parental responsibility combined. In Children Act cases the person with whom the child lives is now said to have residence rather than custody of the child, custody suggests a greater degree of control than a residence order provides. 

Residence may be shared between two homes.