Family Court Glossary: Legal Terms in Plain Language

Family court has its own vocabulary, and no one hands you a translation. Here are the terms you'll hear most, explained simply. Definitions are general — exact meanings vary by state.

Affidavit / Declaration

A written statement you sign under penalty of perjury. Courts treat it like sworn testimony on paper.

Best interests of the child

The standard judges use to decide custody. Each state lists factors — stability, safety, each parent's involvement, and more.

Contempt

Violating a court order. A contempt motion asks the judge to enforce an order someone isn't following.

Continuance

Postponing a hearing to a later date.

Custody — legal vs. physical

Legal custody is decision-making power (school, medical, religion). Physical custody is where the child lives. Both can be sole or joint.

Discovery

The formal exchange of information before trial — documents, written questions (interrogatories), and requests for records.

Ex parte

A request made to the court without the other side present, usually reserved for emergencies like immediate safety risks.

Guardian ad litem (GAL)

A person the court appoints to represent the child's interests, who may investigate and make recommendations.

Interrogatories

Written questions the other side must answer under oath during discovery.

Mediation

A structured negotiation with a neutral third party to reach agreement without trial. Some courts require it; many waive it where there's a history of abuse.

Motion

A written request asking the court to do something — change a schedule, enforce an order, admit evidence.

Parenting plan

The detailed agreement or order covering schedules, exchanges, holidays, decision-making, and communication between parents.

Parenting time / Visitation

The schedule of when each parent has the child. Tracking it carefully matters — see our visitation log guide.

Pro se / Self-represented

Representing yourself in court without an attorney. See our starting guide.

Protective order / Restraining order

A court order restricting contact, typically issued for safety. Terms and processes vary by state.

Service / Serving papers

Formally delivering court documents to the other party following your state's rules. Improper service can delay your case.

Status conference

A short hearing where the judge checks progress and sets next steps — usually not the place evidence is decided.

Stipulation

An agreement between both parties, submitted to the court, often becoming an order once a judge signs it.

Supervised visitation

Parenting time that must occur with an approved third party present, ordered when a court has safety concerns.

Temporary orders

Rules that govern custody, support, and property while the case is pending — often set early and surprisingly influential on the final outcome.

These definitions are general educational information, not legal advice. Terms and procedures vary by state. HERESAI is not a law firm.