Glossary of Terms
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
CSA
The Child Support Agency which has a set formula to calculate child support. 15% of net income if one child, 20% if two and 25% if three or more. Court can only make child support orders by consent. CSA assessments affected by level of contact. Disregards resident parent’s resources. Does not apply if either parent or child is abroad. Maximum cap of approx £100K pa income. The Agency has been an almost unfettered failure and is due to be replaced soon – by another agency!
Costs
can refer to:
- the order that one party pays a sum contributing to the legal fees incurred by the other (the court might make an order “husband to pay the wife’s costs”);
- the fees incurred with their own solicitor (the solicitor might say “my costs are £x”);
- more confusingly still, s/he might be referring to the overall sum that the client is due to pay or the smaller part of the bill that his/her firm is due to receive – i.e. the total of the bill including counsel’s fees and court fees etc or just the amount after VAT that will receive.
Counsel
Aka a barrister
Counselling
Individuals or couples are supported to explore and clarify personal issues and difficulties and to make/manage any changes in their lives. Counselling is confidential and non-judgemental, enabling people to raise matters of intimate, personal concern in complete safety. Counsellors encourage clients to develop an understanding of their problems and create their own choices regarding further action. They do not tell or advise clients what do to. Counselling can last for a few sessions or can be longer, depending on the individual/couple’s needs and circumstances.
Co-respondent
The person of the opposite sex with whom the “Respondent” has had a sexual relationship, thus forming the basis for an adultery petition; they are now rare given that it is considered good practice not to identify such persons by name.
Conciliation
Was often confused with reconciliation, which it was not, and mediation which it is. Mediation (see below) is now the preferred word.
Consent order
Where both parties agree in writing about terms that are then lodged at court. Order often made without anyone attending. Often needs some disclosure (e.g. Form M1 in finance cases) so court can be satisfied it is a fair order.
Conciliation appointment
Often the first hearing in children dispute cases in London when a district judge with a children court reporter will see what element of agreement can be reached without further litigation. Children over 9 must attend. Can sometimes be very successful.
Contact order
An Order requiring one person to co-operate in a child visiting, staying, having letter or telephone communication with another. (Formerly known as “Access”).
Conduct
Is very bad behaviour which the court will only take into account if it is exceptional and would be inequitable to disregard. Rarely raised and even less rarely successfully argued.
Cohabitation
Living together without being married or in a civil partnership. Can apply to opposite sex or same sex. The law gives more restricted rights on separation or death than for marrieds. Accordingly we recommend all cohabiting couples to enter into a “cohabitation agreement” to record their intentions for the future. This is often binding on a court.
Clean break
The situation where the court has ended all orders and ongoing obligations that could be made between parties in relation to finances (apart from any ongoing arrangements for the support of children). It is often of psychological advantage to obtain this after a divorce, if it is financially possible. Sometimes it is achieved by capitalisation (see above) of maintenance.
Collaborative law
A form of ADR where specially trained lawyers acting for each party resolve cases via meetings. A condition is that if either party later commences proceedings both must then instruct new lawyers. Some regard this as a fundamental flaw, some regard it as its strength. Only appropriate for some cases where some degree of trust.
Child of the family
Includes a non natural child of the relationship who has nevertheless been treated as a full child of the family.
Child abduction
Taking a child aboard without the consent of both parents; primarily one parent taking abroad without the consent of the other parent. Also includes taking a child abroad for a short time with consent but then retaining the child abroad without consent. It is a criminal offence. Many countries have signed up to the Hague Convention in which countries co-operate for the speedy return of abducted children. The parent whose child has been abducted is entitled to free legal representation. Often courts act very fast with substantial powers to locate an abducted child and secure the child’s return. See our Fact sheet
Child relocation
An application by one parent to take a child permanently abroad. Requires careful preparation before the application is made.
Civil partnership
A state registered relationship between two people of the same sex. Is not a marriage which can be only of two people of opposite sex. Ends on a termination, not divorce. Financial powers for orders on termination are similar to divorce.
CETV (Or Cash Equivalent Transfer Value)
One of the valuations given to a pension fund. Roughly, if the fund were transferred to another pension provider at the given date, it is the figure that the new pension provider would receive. It is often the figure given most weight in the courts and by family lawyers in negotiations; but other approaches to valuations may sometimes be more beneficial or appropriate.
CGT
Capital Gains Tax, a tax that is charged when an asset is disposed of and which is linked to the increase in value of the asset during ownership. Specialist advice is needed if an issue, which we can arrange for you.
Chambers
All family cases are heard in private, known as in chambers except, for example, defended divorces, granting of decrees nisi, some appeals. However judgements in final hearings can sometimes be publicly reported in the High Court; another reason to settle.
Caution
A notice lodged at the Land Registry to prevent someone selling, transferring or mortgaging a property.
Calderbank Offer
It was during Mr and Mrs Calderbank’s divorce case that these offers first came to be considered by the courts. A letter making an offer, valid once disclosure has been completed. The offer cannot be shown to the court, even if the case reaches a final hearing, until the court has decided what capital/maintenance orders to make. The court then sees the offers that have been made and use it to help make up its mind about whether or not to order one side to pay towards the legal costs of the other. If someone receives a Calderbank offer, rejects it and does less well at court, there is a risk of having to pay some or all of the costs of the other side. It needs careful attention because of these costs risks. They are no longer effective to give costs protection for applications made to the court after April 2006.
Capitalisation
See Duxbury lump sums, below.
Central Authority
Part of the government which deals with other countries on cross border family law cases including child abduction cases.
CAFCASS
The court service of children and family reporters who prepare reports in some child disputes.
