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ATROs: Automatic Temporary Restraining Orders. These go into effect upon the filing, and responding to the Petition for Dissolution, and affect the use of property.
Burden: the responsibility of the party asking the court for relief to prove his/her case/position.
Change of Circumstances: The arising of an incident or situation that prompts the need for change in Custody or parenting schedule. Used in conjunction with words like Custody, Visitation, or Support.
Co-Parenting Class: a therapeutic process where a counselor works with the parents (usually together) and assists them in learning how to better co-parent given the particular dynamics of the couple. The amount of classes and duration may vary from case to case.
Confidential: Mediators do not make a report to the court if no agreement is reached in mediation in some jurisdictions. Can also refer to a communication that is privileged information.
CPS: Child Protective Services. Each county has an agency whose mission is to protect children.
Custody: a general term referring to the rights and obligations toward child(ren). Terms that may be used in conjunction with Custody are legal, physical, equal, shared, primary, secondary, 50/50, temporary and permanent.
DCSS: Department of Child Support Services. County government agency, part of the District Attorney's office, that assists parents obtaining court ordered Child Support.
DissoMaster: the copyrighted computer program that assists in the determination of Child Support and Temporary Spousal Support.
Divorce: Dissolution. The termination of the marital status of the parties.
Endorsed: the date and time the original documents was filed with the court stamped on a copy of a document.
Evidence Code 730 Evaluation: a court ordered psychological evaluation of the parties and their child(ren) to help determine Custody.
Ex Parte: an emergency court appearance, generally requiring only 24 hours notice by telephone. Also refers to communication with bench officers, or appointed court experts.
Family Court Services (FCS): County agency that provides mediation or court-ordered evaluations in a Custody matter.
FCA: Family Court Agency . A local nonprofit organization that provides low-cost mental health assistance to the community and assists families in need.
Grounds: the reason for an action. For example: "She filed for dissolution and the grounds were irreconcilable differences."
Legal Custody: power/authority to make decisions regarding the child(ren)'s health, education and/or welfare.
Legal Separation: court recognition that a married couple is living apart, or, in the alternative. It requires the filing of appropriate forms with the court and granting of a judgment of Legal Separation. Also a term that recognizes a married couple's lack of intent for reconciliation.
Local Rules: each court has a separate court system. Many counties have specific rules regarding the form, timing or content of legal actions.
Mandatory Settlement Conference: the parties to a legal dispute are required to try to resolve as many issues as possible prior to a hearing at which evidence is presented. This meeting, or "conference," is a court appearance.
Mediation: court appointed mediation is the process where a court appointed third-party neutral attempts to formulate a parenting plan that is in the best interests of the child(ren).
Minute Order: the court's order after a court appearance. Although legally binding on the parties, these orders are not enforced by police agencies without further documentation such as a Findings and Order After Hearing.
Motion: a party's request to the court for a legal order. It must be supported by a factual and legal presentation to the court.
Move Away: a situation in which an adult, generally a parent, has left the geographical area in which an involved child lived at the time the legal action began (i.e., changing the child's actual residence). This is the most complex and difficult area of Child Custody.
Non-Confidential: a communication which does not contain any legal restrictions.
Nullity of Marriage: commonly referred to as an "annulment." An action to determine that the marriage was void/voidable and does not exist.
OSC: Order to Show Cause. A court-ordered hearing requiring someone to present a legal reason the court should not make a proposed order.
Partial Agreement: the reaching of an agreement on one or some of the issues in a pending legal dispute.
Paternity Complaint: a legal action claiming a specific man is the father of a minor child.
Peremptory Challenge: the exercise of a right to challenge selection/assignment of a mediator or judge. Also referred to in jury selection.
Physical Custody: the aspect of custody referring to where the child lives, and with which parent, for what periods of time.
Pleading: legal documents filed with the court during the course of a lawsuit.
Pre-trial Statement: a pleading setting forth one party's view of the facts and controlling law in a lawsuit. Many jurisdictions have specific requirements.
Private Mediation: the parties to a Family Law action may agree to have a non-judicial (not a judge) authority help the parties find resolution to their Custody and Visitation dispute.
Pro Per: a party representing him/herself without an attorney.
Pro Tem Judge: an attorney, not appointed to be a judge, sitting in the role of a judge during a legal proceedings. The pro tem's ruling carries the same weight as if a judge were making the order.
Proof of Service: the document that describes, when how and by whom a legal pleading was given ("served") to an opposing party.
Recommendation: a non-binding proposal to a legal issue involving the child(ren) made by someone other than a judge.
Sanctions: the penalties imposed upon a party and/or an attorney for wrongful conduct during litigation.
Settlement Conference: a meeting between the parties to try to resolve any issue in the lawsuit. May be informal, between the parties and their attorneys; or formal, via court order.
Shared Parenting Class: a specific program given over a period of weeks, which has specific guidelines and tools that are given for communicating with the other parent.
Spousal Support: referred to as alimony in other states. The amount of support one spouse may be order to pay to another spouse. Temporary Spousal Support is based on a judicially approved California guideline formula, whereas permanent Spousal Support is based on factors enumerated in the California Family Code.
Status Quo: the way things are currently.
Stipulation: an agreement between the parties to a dispute.
Stipulation and Order: an agreement that resolves all or part of a dispute (stipulation) and the court's order that all parties adhere to the agreement.
TRO: Temporary Restraining Order; the court may order certain restrictions upon the parties' actions until a hearing at which all of the evidence may be presented. May have long-term Custody effect after Permanent Restraining Order hearing.
UCCJEA: Uniform Child Custody Jurisdiction Enforcement Act.
Visitation: the amount of time a parent has to spend with the parties' child(ren). May be supervised, professionally or nonprofessionally, or unsupervised.
Xspouse: another copyrighted computer program that assists in the determination of Child Support and temporary Spousal Support.
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