Glossary
Special | 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 | ALL
A |
---|
Active ListeningBeing totally focused on the speaker and showing that you understand and are interested in the account by verbal and non-verbal cues. | |
AdvocateA legal representative representing a party in court proceedings, either
a barrister or solicitor. | |
B |
---|
Basic Disclosure CertificateA document containing impartial and confidential criminal history
information held by the police, commonly used as part of recruitment. | |
Biderman’s chart of coercionAn explanation of the coercive methods of stress manipulation used to control the environment of people so that they comply with the perpetrator’s demands. Often used by those working with domestic abuse survivors. | |
C |
---|
C100 applicationAn application for a child arrangements order, specific issue or prohibited steps order under Children Act 1989. | |
CafcassA public body which promotes the welfare of
children and families involved in family court proceedings in England and
Wales. | |
Child Arrangements OrderAn order setting out where a child should live and the contact they
should have with the other parent. | |
Child Contact InterventionA short term intervention for supervised contact where a child is reintroduced to a parent with whom they have not had contact recently. | |
Child Law AdviceA charity offering specialist
advice and information on child, family and education law to parents, carers
and young people in England. For further
information please see https://childlawadvice.org.uk/ | |
Citizens Advice BureauA network of independent charities offering confidential legal advice online, over the phone, and in person, for free. For further information please see https://www.citizensadvice.org.uk/about-us/introduction-to-the-citizens-advice-service/ | |
Closed questionA question which can be answered by one word such as ‘yes’ or no’. | |
Coercive and controlling behaviourAn act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is either used to harm, punish, or frighten their victim or designed to make a person subordinate and/or dependent. | |
CollusionCollusion in the context of supporting clients is when we agree with a
client to the detriment of another, usually the other party. | |
Counter allegationsWhere a party against whom accusations have
been made (usually of domestic violence) makes similar accusations towards the
party who made the original complaint or charge | |
D |
---|
DBS checksA check carried out by the Disclosure and Barring Service which sets out
a record of a person’s criminal convictions and cautions. Typically used as part of a recruitment
process where an individual is looking to work with children or vulnerable
adults. | |
DirectionsA court order setting out the steps the parties must take to prepare their case so that a hearing can take place. This will typically involve the parties filing statements and expert evidence. | |
Dispute Resolution Appointment (DRA)The hearing following the preparation of a child welfare report (usually
a section 7 prepared by CAFCASS) or other expert report. The court will identify and try to resolve
the key issues and give directions to enable the case to be listed for a final
hearing. | |
Domestic abuseThe Home Office definition is: any incident or pattern of incidents of controlling, coercive or threatening
behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality.
This can encompass, but is not limited to, the following types of abuse:
psychological; physical; sexual; financial; emotional. | |
Domestic Abuse Perpetrator programmeBehaviour-change programmes for people who use violence and abuse
towards their (ex) partners. | |
Duluth’s power and control wheelA diagram which illustrates the different control tactics perpetrators
use against victims. | |
Dyn projectA project in Wales which supports men experiencing domestic abuse. For further information please see http://www.dynwales.org/the-dyn-project/?contentID=584 | |
E |
---|
ExhibitA document, typically attached to the end of a court statement, which is
presented to the court in support of a party’s case. | |
F |
---|
Family Procedure RulesThe procedural rules for family proceedings in the High Court, County Courts and Magistrates’ Courts. They are supplemented by dedicated Practice Directions and forms. | |
File a statementEnsuring a copy of the court statement is on the court file. This typically means visiting the
court office, paying a filing fee, and submitting the document to be filed
(usually the original and two copies). | |
Finding of Fact hearingA hearing to decide any significant facts which are in dispute so that interim decisions can be made regarding contact or an exert witness can carry out an assessment (such as a Cafcass officer preparing a section 7 report). This usually involves determining allegations of domestic abuse or substance misuse. | |
First Hearing and Dispute Resolution Appointment (FHDRA)The first hearing in a case for a child arrangements order. The court will consider the safeguarding information, identify the issues and encourage the parties to try to resolve matters by agreement. If this is not possible, the court will make directions to enable the matter to proceed to a fuller hearing. | |
FLOWSFinding Legal Options for Women Survivors is a project bringing together
a team of experts from the Family Team of the Royal
Courts of Justice RCJ Advice, working in partnership with Rights of Women. They
provide a network of trusted and fully vetted advisers to provide legal advice
for domestic abuse survivors. For
further information please see https://www.flows.org.uk/. | |
Form C100The court application form to apply for a child arrangements order, specific issue or prohibited steps order under the Children Act 1989. | |
Form C8The court application form to keep a party’s contact details confidential. | |
G |
---|
General Data Protection Rules (GDPR)The law concerning data protection and privacy which require
organisations to gain consent for keeping information about individuals, keep
that information safe and only to use it in authorised ways. | |
I |
---|
Indirect contactContact between a parent and child which does not involve a face to face
meeting. This can include contact
through telephone calls, emails or letters. | |
Instruct a solicitorAsking a solicitor to represent and act on behalf of the client. | |
IntermediaryA person who facilitates two-way
communication between a vulnerable person and the other participants in the
legal process. | |
L |
---|
Legal AidPayment from the state for legal advice and representation in court proceedings. Legal Aid is only available for certain types of cases (mostly criminal cases) and for those whose income is below the eligibility level (low income or on benefits). | |
Litigant in personA party in court proceedings who is not represented by a solicitor or barrister. | |
N |
---|
Non molestation orderA court order available to victims of domestic abuse to prevent a person from molesting, threatening or using violence against them. | |
O |
---|
Occupation OrderA court order available to domestic abuse victims which will specify who
is (and is not) able to live in the family home or the surrounding area. | |
Open questionA question which must be answered with a number of words and sentences. | |
P |
---|
Party to the proceedingsA person, company or organisation who is one
of the entitles involved in court proceedings, either as an applicant or
defendant. | |
Possession proceedingsCourt proceedings to determine whether an individual should be ordered
to leave their home. This usually
involves those living in rented or mortgaged homes where the rent or mortgage
has not been paid. | |
Private law proceedingsCourt proceedings under Children Act 1989 to resolve a dispute regarding
the upbringing of a child between two or more individuals, such as an
application for a child arrangement order or parental responsibility
order. | |
Prohibited Steps OrderA court order specifying that a party should not do a particular act in in relation to the upbringing of a child. | |
Public law proceedingsCourt proceedings under Children Act 1989 to resolve a dispute regarding
the upbringing of a child between the parents and the local authority, such as
an application for a care or supervision order, emergency protection order or
secure accommodation order. | |
R |
---|
Reasonable adjustmentsChanges made to the court room or proceedings to enable a vulnerable person to participate in the court proceedings. | |
Regulated activityTypes of activity, jobs or roles which require a person to undergo a DBS
check before carrying it out. The
activity will usually involve being responsible for a child or vulnerable
person. | |
Risk assessmentA process of evaluating the risks involved in a particular activity to
remove or minimise those risks. Often
contained in a written document. | |
S |
---|
SafeguardingProtecting a person’s right to live in safety, free from abuse and neglect. | |
Section 7 reportA court report which can be ordered in private proceedings, usually in
proceedings for a child arrangement order. It is written by a Court Adviser from Cafcass and advises the Court on
the child’s circumstances and what needs to happen to ensure a safe outcome for
the child. | |
Section 8 orderA child arrangement order, prohibited steps order or specific issue order made under section 8 Children Act 1989. These set out where the child should live and with whom they should have contact; what an individual cannot do in relation to the upbringing of a child; or what an individual should do in relation to the upbringing of a child. | |
Serve a statementSend a copy of a statement filed at court to the other parties to the proceedings. | |
SignpostingThe act of explaining to a client where they can go for further advice or support. | |
Special MeasuresAdaptations, concessions or arrangements made by the family court to assist a vulnerable person to participate in proceedings or to give evidence at a hearing. | |
Specific Issue OrderA court order specifying that a party should carry out a particular act in in relation to the upbringing of a child. | |
Stark’s coercive control tacticsThe tactics used by domestic abuse perpetrators to deprive victims of their liberty and reduce their ability for action. | |
Statement of truthThe final paragraph of a court
statement which says that the maker of the statement confirms the truth of
everything in the statement. | |
T |
---|
Trauma Informed approachA way of working with clients who have suffered trauma which recognises that the way clients react is related to the trauma they have experienced and enables the worker or volunteer to respond appropriately. | |
U |
---|
Unconscious biasAn assessment of a person or situation which is affected by social stereotypes or preconceived notions, often without the individual being aware of this. | |
V |
---|
VulnerabilityA characteristic which means an individual is more likely to be physically, emotionally, or mentally hurt, influenced or attacked. In the context of court proceedings, it is a characteristic which makes it more difficult for the individual to fully participate in the proceedings. | |
W |
---|
Women’s AidA national charity which provides services to domestic abuse victims and their families and carries out campaigning work on the issue of domestic abuse. For further information please see https://www.womensaid.org.uk/ | |
For further information, take a look at our frequently asked questions which may give you the support you need.
If you have any concerns about anything on this site please get in contact with us here.