Lisa Sharp

Words You Need To Know in Family Court

sworn affidavit…
You must sign many court documents in front of a special witness called a commissioner of oaths. All lawyers are commissioners, and most of the court staff are also commissioners.

serving people…
It is your job to make sure that the other side gets your documents and evidence. Sometimes it must be given in person, sometimes you can mail it, depending on the situation.

affidavit of service…
This is a court document you must file to prove that you served the other side. It is a sworn affidavit.

filing court documents…
You must file many different types of court documents when you are involved in family court. You must meet the deadlines for each type of document, and you must always serve the other person before you can file the documents at court.

motions…
This is a type of court appearance where you can ask a judge to settle a temporary issue. There are different types of motions.

urgent motion…
you can bring a motion quickly if there is a risk of serious physical harm to a child, or risk of abduction to a child. Denying access and not paying child support are NOT usually considered urgent issues.

procedural motion…
you can bring a procedural motion if the issue is a minor issue, like changing lawyers, asking for an adjournment, or filing a consent order.

regular motions…
An example of an issue that might be settled at a regular motion could be the sale of a home or getting a temporary order for child support.

long motions…T
hese motions are scheduled for half a day or a whole day to settle complicated or multiple issues on a temporary basis.

ex parte…
When someone brings a motion without notice, this is called ex parte. Normally you must provide notice to the other side. The only exception is that you can’t reach the other person (and can prove that you have tried), or it would cause danger to the party or the child if you gave them notice.

in loco parentis…
If you are the step-parent for any children for any length of time, you usually become financially responsible for their well being. This may be true even if the children are receiving child support from their other biological parent. This is called in loco parentis.

motion to vary…
If you want to change a past final order, you can reopen the case. This is called bringing a motion to vary.

noted in default…
If you do not file your responding papers by the 30 day deadline, the court can note you in default. This means that you have no more rights in the court to attend, to be heard, to file any papers.

uncontested trial…
This is a type of court hearing that you can bring if the other side is noted in default. You have to file a special affidavit with evidence to support your case. Usually you can get your court order on the same day as the hearing.

costs…
If you lose your case, or are acting unreasonably, the judge can order you to pay all or a part of the other sides lawyer fees. You must pay the cost order before you can proceed with your case.

Contact Lisa

If you would like to discuss your case or anything relating to family law, please contact Lisa.