Difference between revisions of "Terminology"

; ''ab initio'':A Latin phrase meaning "from the beginning." A marriage that is unlawful is void ''ab initio'', as if it never happened.

;access:Under the ''Divorce Act'', the schedule of a parent's time with his or her children under an order or agreement. Access usually refers to the schedule of the parent with the least time with the child. See "custody."

;account:In law, a lawyer's bill to his or her client or a statement; one person's recollection of events.

;action:A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

;address for service:The address at which a party to a court proceeding agrees to accept delivery of legal documents. An address for service must be a proper street address within British Columbia; additional addresses for service may include postal addresses, fax numbers, and email addresses.

;''Adoption Act'':A provincial law dealing with the adoption process and the ability to adopt.

;adoptive parent:A person who has formally assumed the status of parent to a child who is not his or her biological offspring. See "adoption" and "natural parent."

;adultery:A married person's voluntary sexual intercourse with a person other than his or her spouse; playing the field; fishing out of season. Proof of adultery is grounds for an immediate divorce, providing that the other spouse has not consented to or forgiven the adulterous act. See "collusion," "condonation," and "divorce, grounds of."

;affidavit:A legal document in which a person provides evidence of certain facts and events in writing, as if the evidence was given orally in court. Affidavits must be notarized by a lawyer or notary public who takes the oath or affirmation of the person making the affidavit to confirm the truth of the affidavit. Affidavits are used as evidence, just as if the deponent, the person making the affidavit, had made the statements as a witness. See "deponent" and "witness."

;affidavit of service:A legal document required by the rules of court in which a person who has personally served someone describes the circumstances in which the person was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce. See "default judgment" and "personal service."

;age of majority:The age at which a child becomes a legal adult with the full capacity to act on their own, including the capacity to sue and be sued. In British Columbia, the age of majority is 19. The age of majority has nothing to do with being entitled to vote or buy alcohol, although federal and provincial laws sometimes link those privileges with the age at which one attains majority. See "disability" and "infant."

;agent:In law, someone acting on behalf of someone else, with that person's express permission and normally at their express direction.

;alienating:In family law, the actions or statements of one parent that tend to sever, damage, or harm a child's relationship with or affections for the other parent.

;allegation:A claim that a certain set of facts is true, such as "on Monday, I had soup for lunch" or "Bob drives a blue Camaro." Also called an "allegation of fact" or a "statement of fact."