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iGlossary
A list of family law terminology to help better understand what lawyers are talking about and some of the specific terms used. This glossary provides general information only. Professional advice should always be taken and we cannot accept any liability for reliance on it.
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Reconciliation
Is the attempt to repair or save a relationship, sometimes assisted by counsellors. Not to be confused with mediation or conciliation.
Remuneration Certificate
The certificate issued by the Law Society confirming the level of fees that it considers appropriate to be charged. It is only obtained on request from a client complaining about his/her solicitor’s bill (or occasionally at the instigation of the solicitor him/herself). The process is not available once proceedings are issued (“contentious work”). Here the court will confirm the level of appropriate fees (see “detailed assessment” and “taxation”).
Residence
A concept used significantly by countries to denote a connectedness with a country to form the basis of jurisdiction (see jurisdiction). It should be distinguished from habitual residence, (see habitual residence). Residence indicates a simple act of residing in a country even though, under English law, it can be circumstances where there may be illegality of residence or a requirement to leave in the future or only be residing short-term. Admitting residence carries tax implications. A person can have a residence in more than one country at the same time.
Residence order
A residence order is made under s 8 of the Children Act 1989 and settles the child’s living arrangements. (This was formerly known as “Care and control”). A residence order does not have any effect on the parental responsibility of either parent (except for a non-parent who previously had a residence order in their favour). It simply settles the child’s living arrangements.
More than one person can be granted a residence order and these are called ‘Joint residence orders’. A joint residence order simply means that a residence order is made in favour of both parents. In these circumstances, the court will determine how much time the child will spend with each parent. It does not automatically mean spending equal time with each parent. Joint residence orders have become more common in recent years. A joint residence order is instead of a residence order being made in favour of one parent and a contact order being made in favour of the other. In practical terms, a joint residence order is easier to put into effect when the parents live relatively close to each other although distance itself is not an automatic bar to a joint residence order being made.
Resolution
The new, and rather confusing, name of the Solicitors Family Law Association (SFLA), the organisation of 5000 family law solicitors who commit to conducting cases according to a conciliatory and settlement focused code of conduct, and which has been actively involved in encouraging good practice and law reform.
Respondent
Refers to the party in the proceedings who is responding to the application – the term can be used specifically (referring to the Respondent to the divorce proceedings) or more generally when the reference is to the party responding to an application made by another, “the Applicant”.
Retainer
Could lawyers have anything as simple and straight-forward as “terms of business”? Instead, there is a “retainer” which refers to the whole range of contractual and professional obligations to a client and the terms on which a client instructs solicitors. Perhaps unsurprisingly, we prefer “terms of business”!
Rights of Custody
This has a special meaning in the context of child abduction as only a parent with rights of custody can seek the return of an abducted child. The definition varies from country to country so specialist advice in the relevant country is necessary. England gives a wide definition and includes the right to determine, and be consulted on, the child’s country and place of residence.
Royal Courts of Justice (RCJ)
See Principal Registry of the Family Division
In Association with
Sydney, Canberra and Parramatta