A-

 

Affiant – The person who makes and swears to an affidavit.

 

Affidavit – A written statement confirmed by oath or affirmation for use as evidence in court.

 

Affidavit of Financial Disclosure – A form completed by every litigant which lists their sources of income, amount of earnings, and expenses, and ultimately reflects each parties’ financial circumstances. Also used as a reference when calculating each party’s obligation to support the child(ren). This form is mandatory and must be submitted in all new cases.

 

Answer – The defendant’s response to a Complaint. The Answer contains the defendant’s version of the events leading to the lawsuit and may be based on the contents of the Complaint. The filing of the Answer is one option that the defendant has in deciding how to respond to the complaint.

 

Arrearage – Amount of overdue and unpaid child or spousal support owing in an account.

 

Arrearage Payment – An amount ordered in addition to the current support obligation, which is used to pay off any outstanding arrearage owed in an

account. (Standard amount ordered is 20% of the current obligation, however, the court can order more or less than 20%.)

 

-C-

 

Child Support Computation Worksheet – A form used to calculate a child support obligation based on the parties’ incomes and certain expenses. This form also provides the percentages used to determine the amount each party will pay for uninsured health care expenses. There are different variations of the Worksheet. The most common are the Sole Residential Parent or Shared Parenting Order. These are used when either one of the parties has exclusive custody of the child(ren), or when the parties have entered into a Shared Parenting Plan. Another less common variation is the Split Parental Rights and Responsibilities form which is used when the parties divide custody of multiple children (i.e. Mom has custody of daughter, and Dad has custody of son).

 

Child Support Enforcement Agency – CSEA. This agency keeps a running account of funds received vs. monies owed in an individual account. The CSEA is the main contact for the parties in a case regarding investigation and enforcement of child/spousal support orders, health care, and other related issues, including juvenile court cases and prosecutor referrals. Parties in a case may provide documentation to the CSEA, who in turn investigates the matter, and if necessary, forwards it to the court to issue an Order. The CSEA can handle some administrative actions within their office such as recommending modifications in child support or asking that the Obligor pay an additional amount on an accumulated arrearage. These too are referred to the Court to adopt as an official court Order. The CSEA also has the capability to issue Notice to Income Providers based on an Obligor changing employers.

Civil Protection Order– CPO. A CPO is a court Order which grants protection to victims of domestic violence. CPO’s are issued by domestic relations courts to protect victims of domestic violence, and are intended to prevent further violence. It orders someone who has been abusive to do, or not do, certain things in the future. A CPO can be enforced for up to five years.

 

Complaint – The petition that signifies the initiation of a cause of action in Juvenile Court proceedings. The Complaint, together with the Summons, is required to be served on the defendant.

 

Contested Hearing – Synonymous with trial. A formal examination of evidence before the court. The evidence may consist of witness testimony, relevant documentation and testimony by the parties. The information is used to determine the outcome of the case.

Court Appointed Special Advocate – CASA. A trained volunteer appointed by the Court in neglect and abuse cases to bring the voice of the child(ren) in court. The CASA conducts an independent investigation and reports what is in the best interest of the minor child(ren)

 

Counterclaim – There are two sides to every argument: (1) the claim and (2) the counterclaim. A counterclaim is a claim brought by the defendant against the plaintiff in a legal action.

 

-D-

 

Defendant – The person defending or denying a criminal complaint or juvenile traffic complaint; or the party against whom relief or recovery is sought in an action or suit.

 

Deposition – The process of giving sworn testimony outside of the courtroom. A deposition is used to gather information as part of the discovery process, and in limited circumstances, can be used at trial. The witness being deposed is called the deponent.

Discovery – A pre-trial procedure in a case in which a party may obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions, and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.

 

Domestic Relations Court – DRC. This court is separate from Juvenile Court. DR has jurisdiction over cases involving persons married to each other and their children. Other cases the DR Court has jurisdiction over include CPO between adults.

Domestic Violence – DV. Domestic Violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner or family member against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse. The frequency and severity of domestic violence can vary dramatically.

 

-E-

 

Ex Parte – (ex par-tay) adj. Latin meaning "for one party." A decision by the judge or magistrate that is decided without requiring all of the parties to the case to be

present. This is an exception to the basic rule of court procedure that both parties must be present at any argument before the court. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request.

-F-

 

Family and Children First – FACF. Assists service providers, community groups, and residents to effectively address the health, human, and social service needs of Greene County residents. In addition, the department provides services for the county, including several Greene County Courts, including conducting home studies.

 

 

Family Visitation Center – Offers supervised visitation and supervised exchange services for parents in conflict who share minor children. The Center provides a neutral, safe, comfortable, and structured environment for visitation and exchanges.

 

Futures – An overpayment in a support account reflected in the records of the CSEA.

 

-G-

 

Guardian ad Litem – GAL. An Attorney the court appoints to investigate what solutions are in the “best interest of the child(ren).” GAL’s then file a report and make a recommendation to the court in how to proceed regarding custody and parental rights.

 

-H-

 

Holds – When an account is paid in full or is becoming close to being paid in full, the CSEA has the ability to place a hold on an account, so that the account does not become overpaid.

 

Home study – Conducted by Family And Children First in order to make a recommendation to the judge on what is in the best interest of the child(ren) involved. These studies include, but are not limited to: touring the homes or premises where the child(ren) may visit or be placed; assessing safety issues, housing, sleeping area, food and running water; interviewing; obtaining detailed social histories; investigating the family’s dispute from each person’s point of view; observing interactions between each parent/guardian and the child(ren); and conducting at least one separate visit with each involved child. Visits to each child’s school are conducted to obtain records and interview teachers, counselors, principals and other school personnel to determine the child’s adjustment, special needs, parental involvement, and other issues that will assist in the custody recommendation. Once the investigations and studies are completed, a comprehensive report with placement and visitation recommendations is submitted to the judge or magistrate.

-I-

 

Interrogatories – A set or series of written questions drawn up for the purpose of being answered by a party, witness, or other person with information in a case.

Interrogatories are a discovery tool.

 

-J-

 

Juvenile Court – JC. This court is separate from domestic relations. JC has jurisdiction over cases that establish paternity and support for children born out of wedlock, as well as custody and parenting time for these children. Other cases the JC has jurisdiction over include abuse, dependency, neglect, juvenile traffic offenses, parental education neglect, contributing, unruly, and delinquent.

 

Juvenile Court Civil Protection Order-JCPO. A Juvenile Court order that grants protection from a person under the age of eighteen (18) who is alleged to have committed felonious assault, aggravated assault, assault, aggravated menacing, menacing by stalking, menacing, aggravated trespass, or committed a sexually oriented offense, or engaged in a violation of any municipal ordinance that is substantially equivalent to any of those offenses against the person to be protected by the protection order, including a description of the nature and extent of the violation.

 

-L-

 

Local Rules – A listing of legal requirements and local regulations which must be obeyed when litigating a case in the Greene County Juvenile Court. The Local Rules are available on the Greene County Juvenile Court website.

 

-M-

 

Magistrate – An attorney who has been appointed by the Court to take evidence and decide cases. A magistrate acts as the judge in the cases to which they are assigned, which allows the Court to dispose of cases more quickly. If your case is assigned to a magistrate, he or she will hear the evidence and make written findings in a Magistrate’s Decision. The Judge reviews Magistrate’s Decisions before signing them and making them final and appealable Orders.

Motion – A formal request made to a judge or magistrate for an order or judgment. Most motions require a written petition, a written brief of legal reasons for granting the motion, written notice to the opposing party or the attorney for the opposing party if they are represented, and a hearing before a judge or magistrate. During a trial or hearing, an oral motion may be permitted.

 

Movant – The person who makes a Motion.

-O-

 

Obligee – The party receiving child. (Abbreviation –EE)

 

Obligor – The party paying child. (Abbreviation –OR)

 

Ohio Child Support Guidelines – Also known as the Child Support Schedule – A table of possible child support obligations broken down into columns based on the total combined income of the parents involved in the divorce action along with the number of children involved.

 

Our Family Wizard – OFW. A web service that offers parents an array of online tools to easily schedule child custody and track parenting time, share important family information, manage expenses as well as create an accurate, clear log of communication. OFW is intended to reduce conflict between co-parents by providing a central, secure location to document and share important information about the family.

-P-

 

Parenting Judgment Entry – The Entry adopting the parties’ Parenting Plan or Shared Parenting Plan whereby making it an official order of the Court.

Parenting Plan – A document in which parties list their agreements regarding custody, support, decision-making authority, etc., of their minor children. Parenting Plans are appropriate in situations where the children will reside primarily with one parent and will spend time with their other parent according to a specific parenting schedule. The primary parent is designated the residential parent and legal custodian. The Plan is adopted by the Parenting Judgment Entry. See also Shared Parenting Plan.

 

Petitioner – The person that files a CPO, Complaint, or Motion.

Plaintiff – The person bringing a claim or making allegations; the party seeking relief or recovery in an action or suit.

 

Praecipe – A document requesting a writ or other legal document. Often used to subpoena documents or persons.

 

Pro Se – For himself; in his own behalf; in person. A pro se party is a party who does not retain a lawyer and represents his or herself in court.

-R-

Respondent – The person against whom a CPO, Complaint, or Motion is filed.

 

-S-

Shared Parenting Plan – A document in which parties list their agreements regarding custody, support, decision-making authority, etc., of their minor child(ren). Shared Parenting Plans are appropriate for parties who plan to exercise equal parenting time with their child(ren). The Plan is adopted by the Parenting Judgment Entry. See also Parenting Plan.

 

Standard Order Parenting Time – The parenting time schedule the Greene County Juvenile Court has established to promote relationships with both parents.

 

Subpoena – A command to appear at a certain time and place to give testimony upon a certain matter. A subpoena duces tecum is a command to produce documents.

Supervised Exchange – Supervision of the transfer of the child from one parent to the other. Supervision is limited to the exchange or transfer only with the remainder of the parent/child contact remaining unsupervised. Most frequently precautions are taken to assure that the two parents or other individuals exchanging the child do not come into contact with one another.

 

Supervised Visitation -- Contact between a non-custodial parent and their child(ren) in the presence of a third person responsible for observing and seeking to ensure the safety of those involved.

 

Support Enforcement Tracking System – SETS. A statewide computer system that follows the State of Ohio’s child support statutes. Ohio counties can communicate with each other through SETS and share information.

 

-T-

 

Transcript – A word for word account of the testimony taken.

 

Words You May Need to Know

This is not a list of legal definitions. These definitions were prepared to provide you with a basic understanding of what the term means in the context of cases involving parenting time. Legal definitions can be found in the Ohio Revised Code.

 

Access, Visitation, Parenting Time: Words used to describe the schedule of time a child has with each parent.

 

Allocation of Parental Rights & Responsibilities: The determination made by a court as to where the children will live and the rights and responsibilities of the parents to the children. Also known as an “allocation order.”

 

Dispute Resolution: Ways to solve legal problems without a trial (e.g., mediation, collaborative law, neutral evaluation, or other settlement methods.)

 

Attachment: Positive feelings of the child toward parents and other parent figures.

 

“Best Interests of the Child”: When parenting issues are decided, the judge determines what is best for the child based on all the information.

 

Bonding: Close relationship that develops between a young child and a parent or a parent figure.

 

Confidentiality: Private information that cannot be shared with anyone else, except as required by law.

 

Co-Parenting: Parents working together to raise a child, even when they are not married and do not live together. This is not a legal term and not to be confused with shared parenting.

 

Court Order: A written order made by a judge that must be followed.

 

Custody: The right of a parent to make major decisions for the children. Courts use the term “allocation of parental rights and responsibilities.”

 

Dissolution of Marriage: The legal process of ending a marriage by mutual agreement of the couple. Both spouses agree on all aspects of property division, child and spousal support, and parenting issues.

 

Divorce: The legal process of ending a marriage when the couple does not agree on property division, child and spousal support, and parenting issues before one spouse files a complaint.

 

Domestic Violence: A pattern of abusive behavior used by an adult or adolescent to maintain power and control over a family or household member. Also known as domestic abuse or intimate partner violence. It has different meanings for purposes of obtaining a civil or criminal protection order.

 

Exchange: Pick-up and drop-off of a child between parents or other caregivers.

 

Family Law: The laws relating to family relationships. They include laws about divorce, paternity, parenting, property and debt division, child support, spousal support (formerly “alimony”) and other topics. The laws are based on statutes, rules, and reported court decisions.

 

Filing: Submitting your legal papers to the Clerk of the Court.

 

“Frequent and Continuing Contact”: How the law refers to children having regular and ongoing contact with parents.

 

Hearing: A scheduled appearance in court.

 

Holiday Schedule: A part of the parenting schedule that specifies how children will spend holidays with each parent and defines each holiday so both parents know when the holiday begins and ends.

 

In Camera Interview: The judge or magistrate speaks with a child in chambers regarding the child’s wishes and concerns. The record of the interview can be sealed by the court.

 

Joint Custody: A term no longer used in Ohio. See Residential Parent, Shared Parenting, and Sole Residential Parent.

 

Mediation: A process to help parents resolve disputes cooperatively. Mediation is confidential. The parents meet with the mediator outside of court. The mediator does not give the parents legal advice, tell them what to do, or make a recommendation to the judge.

 

Mediator: A trained, neutral third party who helps the parents try to solve problems cooperatively through mediation.

 

Modification of Parenting Order: Changes to an existing parenting court order. Changes can be enforced only if they are stated in a court order.

 

Order of Protection: See “Protection Order.”

 

Parallel Parenting: See “High Conflict” in the Special Issues section on page 52.

 

Parental Rights & Responsibilities: The rights and responsibilities of a parent to determine and control matters affecting a child’s welfare and upbringing, as well as contact with a child. Parental rights and responsibilities can be allocated in the following ways: shared parenting or sole residential parenting.

 

Parenting Coordination: A non-confidential, child-focused dispute resolution process. A mental health or legal professional with mediation training or experience assists high conflict parents by facilitating resolution of their disputes in a timely manner, educating parents about children’s needs, and, with the prior approval of the parties and/or the court, making decisions within the scope of the court order or employment contract.

 

Parenting Order: A court order that states when the child will be with each parent and who will make decisions. The parenting order may be developed by the parents on their own or with the help of a professional, such as a mediator, an attorney, or a judge.

 

Parenting Time: The time a child spends with a parent according to the parenting time schedule.

 

Paternity or Parentage: A legal action that results in a court order naming the child’s father.

 

Protection Order: An order issued by the court to protect the person receiving the order and named children or other household members from physical violence.

 

Residential Parent: The parent with whom the child physically lives according to a court order. In a shared parenting plan “residential parent for school purposes” or “school placement parent” is the parent in whose school district the child can attend school.

 

Rules of Court: A set of rules that control court procedures. The Ohio Rules of Civil Procedure apply to divorces and dissolutions. Individual courts may have local rules of practice.

 

Service: When you file paperwork with the court requesting it to take action, you must inform all parties of your request through an official court process. This is what it means to have them “served.”

 

Shared Parenting: Both parents share making major decisions for the children, unless stated otherwise in the Shared Parenting Plan. It does not necessarily mean equal time with each parent.

 

Shared Parenting Plan: The document that states how the parents will make decisions for their children and the parenting time schedule.

 

Sole Residential Parent: The parent who has the right, by way of a court order or law, to make major decisions for the children and with whom the children live when there is not shared parenting. Major decisions may include those concerning medical care, religion, extracurricular activities, or education.

 

Statute: A law of the state of Ohio passed by the legislature. Most statutes relating to family law are in Ohio Revised Code Chapter 31. They are available in libraries or online.

 

Stipulation: A formal agreement of the parties. When written and signed by both parties, it may become a court order if approved by a judge or magistrate.

 

Supervised Exchanges: Pick up and drop off of the child in the presence of another specified adult.

 

Supervised Parenting Time: Parenting time during which the parent and child must be in the presence of another specified adult.

 

Therapeutic Supervision: Supervision of parent-child contacts provided by a therapist.

 

Transition: The adjustment time for parents and the child immediately before, during, and after the exchange of the child between the parents or other caregivers.

 

Trial: A formal hearing with witnesses and evidence. (See Hearing.)

 

Virtual Parenting: Parenting time facilitated by electronic means to supplement, not replace, in-person parenting time. Examples include telephone calls, webcam, videoconferencing, instant messaging, online chatting, telephone texting, etc.

 

Visitation: A term for parenting time that is not preferred. Instead, see Access, Parenting Plan or Parenting Time. It is often used to refer to time spent with grandparents and other relatives who ask a court to provide them with children.

 

Professional Services For Parents & Children

Given the differing circumstances of each family, courts use a variety of community professionals to help. A non-exhaustive list is found below. The use of such professionals does not mean a family member suffers from mental illness. Professionals help identify and work through issues affecting you, your children, or the other parent. Getting the right person to help starts when you know the different types of services, including the advantages and disadvantages of the process, and can request the ones best suited to your family.

 

Dispute Resolution: Problem-Solving Without a Judge or Magistrate

 

• Collaborative Divorce Coaching & Consulting: Team approach to divorce involving the parents, their attorneys, financial analysts, consultants, and others

who provide information and education to help resolve parental disputes without court involvement.

 

• Mediation: Uses a variety of negotiation tools and strategies to assist parents in reaching an agreement about all aspects of child decision-making and parenting time schedules.

 

• Neutral Evaluation: A process in which the parties present their claims and defenses and describe their principal evidence to support the claims or defenses

to neutral third-party evaluators. The evaluators then share their impressions about the strengths and weaknesses of the positions, and the probable outcome of the matter to help both parents reach an agreement.

 

• Parenting Coordinator: Case management, dispute resolution process using mediation and arbitration concepts to help implement parenting court orders.

Ask your local court to see if these services are available.

 

• Parent Coaching: A collaborative process that supports parents to increase awareness and build skills to manage the challenges of raising children with

confidence and clarity. Coaching helps parents set and achieve individual goals related to age-appropriate expectations, effective parenting strategies, communication, and stress management, empowering them to create a nurturing environment with a flexible structure for their children.

 

• Co-Parent Coaching: A process that focuses on guiding parents through the complexities of raising children after separation or divorce. Using personalized

inquiry and feedback, coaching helps parents, individually and jointly, to discover ways to take responsibility for reducing conflict and fostering a stable, supportive environment for their children. Parents may also create agreements around communication, schedules, and important decisions.

 

Assessment: Providing Information to the Judge or Magistrate

 

• Brief Child Custody Evaluation: Less comprehensive evaluation focused on addressing specific issues or updating an already-existing parenting court order.

 

• Child Custody Evaluation: Comprehensive fact-finding process resulting in extensive decision-making and parenting time recommendations. This is especially helpful where there are high-conflict parental relationships, relocation issues, or allegations of sexual abuse, child abuse, or domestic violence.

 

• Child Forensic Interview: Specialized interview of a child to answer specific questions for the court without involving the child directly in the legal system.

 

• Neuropsychological Evaluation: A process by a medical professional to determine if a person has a physical brain injury that significantly disrupts the person’s life, typically manifested by “short fuse” violence and post-traumatic stress disorder.

 

• Psychological Evaluation: A process using psychological tests, interviews, and observations to evaluate mental status and functioning or treatment needs.

 

• Psychosexual Risk: A process using psychological tests, polygraphs, interviews, and observations to evaluate the potential risk for physical and/or sexual

abuse of children.

 

Guided Support: Therapy to Foster Cooperative Co-Parenting

 

• Parental Therapy: Joint parental therapy intended to increase positive coordination by parents and reduce conflicts.

 

• Family Therapy: Treatment provided when two or more members of the family need treatment to normalize and stabilize functioning.

 

• Forensic Therapy: Non-confidential treatment provided by a therapist ordered by the court. It is common for a forensically informed therapist to write a report for the court.

 

• Therapeutic Intervention: Treatment and case management often used in therapeutically complex cases or in reunification cases where intervention focuses on supporting the renewal of a relationship between a parent and a child.

 

• Therapeutic Supervision: Supervision of parent-child contacts provided by a therapist.