Legal Terminology Glossary (Part 3)

We are back again with a third edition of legal terminology glossary!

Legal terms are something you probably do not think about on a daily basis. In fact, most people do not until they have to. This is why we decided to gather some of the most used legal terms and present them to you in a list (with real-life examples).

Child Maintenance Order

It is an order made by the Family Law Courts, which requires a person to pay child support to another person for the maintenance of a child or children. This order can be made either by consent of the parties or the Court.

De facto relationship

A relationship between two persons who are:

1) not legally married to each other;

2) and not related by family,

3) but have a relationship as a couple living together on a genuine domestic basis.

A de facto relationship can exist between two persons of different sexes and between two persons of the same sex.

Child Support

It is the financial support provided for children by parents who do not live together.

The child support scheme is administered by the Department of Human Resources (previously the Child Support Agency). A child support formula is applied to determine how much child support is payable.

Consent Order

It is a written agreement between the parties that is approved and formalised by the Court as a legally binding Court Order.

Consent orders can be in relation to:

  1. parenting arrangements for children
  2. and/or financial arrangements, for example, for the division of property.
Family Violence Order

It is an order (including an interim order) made under a prescribed law of a State or Territory of Australia to protect a person from family violence. Family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person's family (the family member), or causes the family member to be fearful.

A child is exposed to family violence if the child sees or hears family violence or is otherwise exposed to family violence. Family violence may also amount to child abuse.