Glossary

a document or form that has been filed with the court and has a court stamp on it.

Separation is the point at which a marriage or de facto relationship ends.

Separation under one roof is when a husband and wife separate but continue to live in the same home. It may be for a few days, weeks, months or years following separation.

Service is the legal term used to describe the giving or delivering of court documents to another person in a way that satisfies the Court that the person has received them.

when the parties in a case come to an agreement to resolve their dispute before the court makes a decision.

the principle that both parents contribute to, and are responsible for their children's welfare and upbringing

a parent may seek an order from the Court for ‘sole parental responsibility’ which may once have been similar to an order for sole custody. See definition of sole parental responsibility.

an order of the court that gives one parent the ability to make decisions about major long term issues for their child, without consulting the other parent. Sole parental responsibility can be held by 2 or more people, for example, a mother and her new partner. Sole parental responsibility can be limited to specific issues only, for example, making decisions about a child’s education or medical needs. The Court will only make such an order where it believes that the presumption of equal shared responsibility for the children is not appropriate, i.e. not in the best interests of the children.

A lawyer who holds a current practising certificate issued by the Victorian Legal Services Board. A solicitor is usually responsible for the day to day management of a client’s case. A solicitor usually prepares documentation, advises their client, assists to negotiate a settlement and assists a client to commence court proceedings. A solicitor can represent a client in court, although this is commonly done by a barrister.

Spousal maintenance is where one person will provide continuing financial support to the other after the breakdown of their marriage or de facto relationship. Spousal maintenance can be agreed between the parties or ordered by the court.

a party to a marriage.

an order of the court stopping a court case from continuing, either permanently or temporarily.

verbal or written arguments made to the court about the facts of the case and the law that applies to a case.

a document issued by a court, at the request of a party, requiring a person to produce documents and/or give evidence to the court.