The language of the Family Court: suggestions for change.
Language for separating families has evolved out of an adversarial legal system: it is accusatory and divisive. It is also potentially harmful, increasing conflict through battle metaphors while parents compete for justice and control of their children.
Appropriate language is needed through every part of a family’s separation: at the school gate, with their wider family and friends, in the media, on government websites, with support services and throughout any legal process.
| Current language | Suggested alternatives |
| Case titles and headings: Shah v Shah (including in case reports) | The family of Ali Shah and Keri Shah, with child/ren Casper Shah and Yasmin Shah etc Documents to list family names with ‘and’ as the conjunctive not ‘between’ or ‘vs’ |
| How people are named: Applicant & Respondent Husband/H & Wife/W Mother/M & Father/F | Participant A & Participant B Alternative: participant choice. |
| Party/Parties | In children proceedings ‘Parents’ In finance proceedings ‘Participants’ ‘Family members’ for those who aren’t parents, |
| Versus | And |
| Acronyms | Avoid wherever possible. If not, define clearly for all participants |
| Non-Court Dispute Resolution options (NCDR) | Non-Court Resolution |
| Dispute | Issue/problem to be resolved |
| Vacate | Cancel |
| Adjourn | Reschedule |
| Lodge | Send to |
| Seal | Court stamp or Court approval |
| Special arrangements/ reasonable adjustments | Practical arrangements to protect or support participants |
| Bundle | Hearing documents Hearing folder |
| Pleadings (in bundle indexes) | Court documents, or forms, or statements |
| Case summary and Chronology | Case summary and key dates |
| Position Statement | ‘Summary for judge’ or ‘Hearing summary’ ‘Approach’ – The approach taken by [name] |
| Orders | Orders (the same!) |
| Language used – children | |
| Contact | ‘A child’s time with a parent’ or ‘Parent time’ ‘Family time’ or ‘Time with mum’ and ‘Time with dad’ |
| Residence | A child’s home with a parent |
| Non-resident parent | [Child name] lives mostly with mum/dad/grandparent etc |
| ‘Live with’ order | Day to day care and responsibilities |
| Section 7 report | ‘Social worker recommendation for court about child arrangements’ or ‘social worker recommendation’ |
| First Hearing Dispute Resolution Appointment (FHDRA) | First Hearing |
| Dispute Resolution Appointment | Resolution Hearing |
| Final/Contested hearing | Decision Hearing |
| Language used – finance | |
| Form E section 4 – ‘bad behaviour’ | Just refer to ‘conduct relevant to financial matters’ |
| Prayer | Orders requested |
| First Appointment | Administrative hearing |
| Financial Dispute Resolution Hearing (FDR) | Resolution Hearing (emphasis on settlement rather than dispute) |
| Final/Contested hearing | Decision Hearing |
| Section 25 statement | Final financial statement |