Glossary

Under practice division 12D of the family procedure rules wardship is when the high court becomes a child’s legal guardian. If this happens the child becomes a ward of court. The day to day decisions for the child will be made by the local authority or anyone else who is looking after the child. However, no important decisions in the child’s life can be made without the permission of the high court. The child cannot also be taken abroad without the permission of the high court. Wardship is granted when the issues concerned are not able to be resolved or protection cannot be provided under the children act 1989. When this is the case it is called ‘inherent jurisdiction’. This gives the high court power to hear a case unless the law has restricted that power so another court has to hear that case.

This is a notice that is attached to a child arrangements court order stating that if the terms of the child arrangements order are breached then the offender will be punished by jail or fines.

This is an order where an individuals legal costs are paid by their legal representative (solicitor. law firm or barrister) because the legal representative conducted the case in an improper, negligent, unreasonable and illegal manner. This is allowed under the Section 19A of the 1985 Act.

A wet nurse is a female who looks after and breast feeds someone’s baby.

A will is a legal document stating your wishes of what you would like to happen to your estate once you pass away. Your will will name the individuals, organisations and charities who will inherit a part of or all of your estate. Your will will also state the individuals or organisation who will manage your will and distribute your estate. You can also write down who you would like to take care of your underage children as a guardian in the event of your death when there is no other individual alive who has parental responsibility for your child. A will will become effective after your death and after probate has been obtained from the court. Another name for a will is testament.

This is the term used to describe legal proceedings and applications that are not likely to succeed. Another word for without merit is unmeritorious.

This is when you (the applicant) submit an application to the court for something but you do not inform the other party (the respondent) or send them a copy of your application form. The respondent is unaware you made the application. This often occurs where there is a need to protect the applicant in case the respondent reacts to the application causing detriment to the applicant.

Any document, letter, statement or draft that is labelled or marked 'without prejudice' cannot be shown to the court unless there is a without prejudice court hearing.

An individual who gives evidence in court. This can be done in person and/or by making a statement.

A witness statement is a document written by yourself detailing what has happened and gives an explanation to the judge why you have started court proceedings. If you have evidence to support the statements and claims you have made in your witness statement, you must list/attach this evidence to your witness statement. Your witness statement can also sometimes detail what you would like to happen and what orders or directions you want the judge/magistrate to consider making. A witness statement is read by the judge/magistrate and your ex-partner/their solicitor & barrister many days before the court hearing. It is often 5-6 A4 pages long, but can be shorter or longer depending upon your case.

This is a court document ordering an individual to do something or stop doing something. A writ is called a legal or holy writing.

This is a court order that removes an individuals passport so they cannot travel out of the UK.

A written curriculum is a documented programme (syllabus or lesson plan) implemented for teaching