Family Violence & Child Abuse Legal Terminology
- Attorney ad litem: Can be appointed by the court in most SAPCR cases; represents the child’s actual objectives and determines if the child understands the nature of circumstances during a case
- Best interest of the child test: The best interest of the child is the controlling factor in almost every circumstance arising in family law; the best interest of the child takes into account what is best for the child’s physical and emotional development and welfare
- Child abuse: Any harm to the physical or mental health or welfare of a child adversely affected by abuse or neglect
- Clear and convincing evidence: Evidentiary standard that requires the thing to be proved is highly probable or reasonably certain; this evidentiary standard is a lower burden than “beyond a reasonable doubt” which is used in criminal cases
- Guardian ad litem: Can be appointed by the court in most SAPCR cases; represents the child’s best interest by interviewing the child and every person with knowledge about the child’s history and condition; must be appointed in a termination case
- Habeas corpus: A child custody enforcement mechanism when a possessory conservator has possession of a child in violation of a court order; writ of habeas corpus ask the court to demand the possessory conservator to surrender the child in compliance with the court order; possession of the child must be in violation of a court order to enforce custody by habeas corpus
- Home state jurisdiction: A state court will have jurisdiction to enter a order relating to a child if the state is the child’s home state or was the home state within the last six months; determined by what location the child reside with a parent
- Involuntary termination: Involuntary termination of the parent-child relationship is where a parent has their right as a parent terminated unwillingly; involuntary termination occurs when there is clear and convincing evidence that there are proper grounds for termination and the termination is in the best interest of the child; grounds for involuntary termination include: neglect; abuse; parental misconduct; use of controlled substances in a manner that endangers the child; failure to support the child for over a year; imprisonment of more than 2 years; the list of different grounds for involuntary termination is non-exclusive and the court has broad discretion in determining what is in the best interest of the child
- Medical support: Every case involving children must establish medical support provisions for each child; medical support provisions cover issues relating to health care coverage expenses for the child and how the expenses will be covered after the pendency of the suit
- Parent Education and Family Stabilization Course: A court may order parents to attend a parent education and family stabilization course; the course is typically conducted by a mental health professional; the court provides guidance to those who are struggling with the difficult issues relating to divorce, child custody, parenting, and other related aspects
- Parenting coordinator: A neutral third party appointed by the court in high conflict cases; uses confidential procedures to aid parents on issues relating to parenting and other family issues stemming from a SAPCR order
- Parenting facilitator: A neutral third party appointed by the court in high conflict cases; uses non-confidential procedures to aid parents on issues relating to parenting and other family issues stemming from a SAPCR order
- Parenting Plan: Every SAPCR must incorporate a parenting plan – whether agreed or ordered by the court; the parenting plan sets out the rights and duties of each conservator, possession schedule and child support; the plan must be found to be in the best interest of the child
- Petition for Divorce: The document used to commence the divorce process; once the original petition for divorce is filed, parties are notified and the information gathering process for a divorce begins
- Petitioner: A party that initiates a proceeding by filing a petition with a court
- Pro Se: A party to a suit who represents themselves in a law suit
- Protective order: A court can issue a protective order if family violence has occurred and is probable to occur again; the heart of a protective order is to protect people and property; protective orders prohibit particular types of conduct by one party to another
- Respondent: The party who responds to a suit initiated by a Petitioner; sometimes referred to as defendant
- Social study: A formal investigation into the home of a child; a social worker performs an assessment of the home environment; investigations are prepared where there has been abuse or neglect to a child or to prepare for adoption of a child