Glossary

Ratio is the Latin tern for 'rationes decidendi'. Ratio is the term used to describe that part of a court order or judgement where the judge writes their reasons for coming to the decision(s) they have made. These reasons may set a precedent for future cases.

A recital is written in a court order (often at the beginning) and is different court directions which are also written into a court order (in the main body of the order). A recital is a sentence(s) about issues that a court cannot order or enforce. An example of this is 'neither party should disrespect each other in front of the children'. Court directions are enforceable.

This is a legally trained individual who can act as a judge on a part time basis where they are required to assist parties to prepare for trial, manage cases and give decisions in contested trials. A recorder is often a part time circuit judge.

This is the word used to excuse a judge/magistrate from presiding over a case because of conflict of interest or there maybe not be able to make an impartial decision. An example of this could be that one party is known to the judge.

The REMO unit is a government body that oversees child maintenance orders for those children whose parent(s) lives abroad in a REMO country.

This is the Latin term for 'a matter judged'. Res judicata refers to a case that has been tried and cannot be tried again.

This word is used to describe when a judge assigns a case so that it is only heard by that particular judge and no other.

A reserved decision made by a judge is made later (many days) after the court hearing and is often given in written form. The judge will put thought and preparation into a reserved decision. A reserved decision is different from an extempore decision where the judge will give an oral decision straight after the court hearing.

Residence order is an old name for a child arrangements order which details where and with whom a child shall live after a divorce or separation.

The parent with whom a child lives with on a day to day basis/the majority of the time.

The individual whose ex-partner has submitted an application form to the court to start divorce, child arrangements or financial settlement proceedings. The court will write to the respondent to inform them an application has been made, ask them to respond to the application, comply with court directions or to attend court.

This is a court order which stops an individual from coming near or contacting another.

This is the right an individual has to address a judge and examine a witness in the court room.

A rose order an agreement that has been reached in court and approved by a judge but has not yet been written up and sealed into a court order with a court stamp. The rose order came about because of the case Rose vs Rose where a financial agreement was reached at a financial dispute resolution (FDR) that was approved by the judge. The agreements and decisions were not written down into a court order but the court still upheld the full agreement reached at the FDR.

This is a meeting that is informal between a divorcing/separating couple and their legal representatives.