How to Write a Letter to a Family Court Judge

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Run across likewise: Law Library Glossaries of Legal Terms.

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18B Attorney - An attorney assigned by the court to represent a party in the Family Court. The consignment is made under Canton Law Sec. 18b.

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Acquittance of Paternity - A voluntary written statement made by the female parent and biological begetter in which they admit that the homo is the father of the kid. A properly executed statement has the same legal outcome every bit a court order. (Meet attached .pdf Sample Copy)

Adjournment In Contemplation of Dismissal (ACD) - Adjournment of a proceeding, for a specified period of fourth dimension, unremarkably vi months. If the conditions of ACD are met, then the petition may be dismissed in the furtherance of justice.

Adjournment- The rescheduling of a proceeding or a court example until a specified future date.

Administration for Children's Services (ACS)- A New York City agency charged with investigating allegations of child corruption/fail, encouraging family unit stability and when necessary, the placing of children in foster care and/or adoption.

Adoption - Legal proceeding whereby a person or persons take a kid or other person as their own child and thereby acquires the rights and incurs the responsibilities of a parent. ( more >> )

Affiant - Person who prepares and signs an affidavit.

Affidavit - Written argument made under oath.

Allocution - When the court advises a political party of all of his or her rights, charges, as well as possible outcomes of a matter.

Alternative Dispute Resolution (ADR) - ways to resolve disputes without a trial. Typical ADR processes include arbitration, arbitration, neutral evaluation, and collaborative law. These processes are generally confidential, less formal, and less stressful than traditional courtroom proceedings.

Amicus Curiae ("Friend of the Court") - A person who is not a party to an activity but is permitted by the court to present his/her views.

Appeal - A proceeding to have a case examined by an appropriate higher courtroom to see if a lower court'southward decision was fabricated correctly co-ordinate to law. Appeals to Family Court proceedings are heard in Appellate Division of the Supreme Courtroom. (See How to File an Appeal to a NYC Family unit Court Social club) -

Appearance - The participation in the proceedings past a party in an action, either in person, by electronic means or through an attorney.

Appellant - The party who takes an appeal to a college court.

Appellee - The political party against whom an appeal is taken.

A&R statement - An accounts and records statement made by the Support Collection Unit (SCU) detailing the payments made and money owed under an society of support.

Archives - A secure facility where old records and files are stored for safekeeping.

Arrears - In kid/spousal support proceedings monies owed every bit a upshot of the respondent's failure to make payments in accordance with a courtroom club.

ASFA - Adoption and Safe Families Act of 1997 - Federal Law that established national goals and requirements for children in the child welfare system safety, permanency and well-existence.

Assigned Counsel - See 18B Attorney.

Assignment Judge - The Judge that oversees courtroom in which new cases kickoff appear on a court agenda for service, allocution, adjournments, assignment of counsel and/or issuance of temporary orders.

Assignment Part - The courtroom in which new cases showtime announced on a courtroom calendar for service, allocution, adjournments, assignment of counsel and/or issuance of temporary orders.

Attorney for Child - Lawyer assigned by the court to human activity equally a child's attorney.

Attorney of Record - Attorney whose name appears in the permanent records or files of a case.

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B  C

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Bench Conference - A coming together between the attorneys and the judge at the gauge's bench to discuss an result in the case or an aspect of the proceedings. It may or may not be office of the official record.

Bronx Defenders - Attorneys and certified social workers who represent and provide services to parents in certain Family Court cases.

Brooklyn Family Defense Project - Attorneys and certified social workers who stand for and provide services to parents in certain Family Courtroom cases.

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Calendar - A listing of a the court'south scheduled cases for a specific date.

CASA (Court Appointed Special Advocates) - A New York City agency of non-attorneys who work in aid of children in foster care.

Caseworker - A person assigned to assistance families and, if a proceeding is instituted, to prove about those efforts. Caseworkers may work for an agency.

Eye for Family Representation - Attorneys and certified social workers who represent and provide services to parents in certain Family Court cases.

Certified Re-create- Copy of a document signed and certified as a true re-create past the officer, usually the Clerk of Court, having custody of the original or by other authorized person.

Change in Circumstances (CIC) - Term often used as a basis for modifying a court order.

Change of Venue - The removal of a proceeding begun in ane county or district to another canton or district for trial.

Child Abuse (NA Petition)- Where parent or person legally responsible for the care or custody of a child (less than 18 years of age) is responsible for such child and inflicts or allows physical injury or a sex law-breaking to be inflicted upon such child, as defined in the penal police force. ( more >>)

Child Neglect (NN Petition)- Where parent or person legally responsible for the care or custody of a kid (less than 18 years of age) is responsible for such child lack of proper care, including those where the child suffers psychological or concrete damage for whatever reason. ( more >>)

Child Protective Bureau - An agency authorized by state law to protect the well- being of children. In NYC that agency is the Administration for Children's Services (ACS).

Children's Police force Centre- Attorneys and certified social workers who stand for and provide services to children in Custody/Visitation cases.

Child Support Enforcement Term of the Family Court (CSET)- A special term within the New York City Family Court located in New York Canton which handles kid support including, the institution and enforcement, of child back up orders and paternity establishment, when the child requiring support receives public assistance. As of January 2009, all such public assistance cases within NYC are handled in the New York County Family Court.

Collaborative Law - process in which a couple hires specially-trained lawyers and other professionals who work to assistance them resolve their conflict out of court.

Commissioner of Juvenile Justice (CJJ)- See Department of Juvenile Justice (DJJ)

Conformed Re-create- A copy of a document with written confirmation that is an exact duplicate of the original. Also see Certified Copy.

Consent to Marry (Yard Petition) - The spousal relationship of a pocket-size, who is at least 14 years of age and less than 16 years of age, must have the consent of the court.

Contempt of Courtroom - An act or omission disposed to obstruct or interfere with the orderly administration of justice or to impair the dignity of the Court or respect for its authority.

Corporation Counsel (Presentment Agency) - A New York City agency which presents the example in support of a petition in a juvenile malversation or designated felony case and which represents petitioners in Uniform Interstate Family unit Support Deed (UIFSA) cases.

Court Attorney Referee - Quasi - Judicial officer empowered to hear and determine proceedings in Family Court upon referral by a estimate and consent of the parties. In cases where consent is not given, Court Chaser Referees, upon referral by a judge, are empowered to hear and report.

Courtroom Liaison Officer (CLO) - Probation officeholder assigned to the court. This term is sometimes used to describe Administration of Children Service example workers assigned to the court or an individual courtroom.

Custodial Parent - The parent who takes care of a child on a daily basis and has physical custody of the child.

Custody (V Petition)- Petition seeking to obtain an order granting custody of a child. The same petition type is to be used to obtain visitation with a kid past a non-custodial parent. (more >>)

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Default - A default occurs when a party fails to plead or otherwise defend within the time allowed or fails to appear at a courtroom advent.

De Novo - From the first; a new trial.

Department of Juvenile Justice (DJJ)- A New York City bureau responsible for the Non-Secure (NSD) and Secure detention of Juvenile Delinquents whose cases are pending earlier the Family Court or awaiting transfers to other facilities.

Degradation - Sworn written testimony of a witness normally made outside of the courtroom.

Designated Felony Acts (E Petition)- Certain serious violent-deed crimes allegedly committed by a xiii, 14 or 15 year-old. ( more >> )

Dismissed - The termination of a proceeding for a procedurally prescribed reason.

Dismissed With Prejudice - Action dismissed, afterward hearing, on the merits and may not be renewed for the aforementioned cause of activeness. Cases dismissed with prejudice may be appealed.

Dismissed Without Prejudice (DWOP)- Action dismissed, with or without a hearing. Cases dismissed without prejudice may be re-instituted or re-filed.

Disposition - The court'southward concluding decision or resolution of the relief requested on the current petition.

District Attorney - An attorney deputized as chief prosecutor whose official duty is to acquit criminal proceedings on behalf of the people confronting person accused of committing criminal offenses.

Docket Number - Numbers sequentially assigned to new cases filed in the courtroom used to identify each case.

Abode - A person'south primary or permanent residence.

Domestic Relations Law - (DRL).

Department of Social Services - (DSS) - Run into Human Resources Assistants.

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Exploration of Placement (EOP) - a pre-dispositional directive by the Court to the Probation Department in Juvenile Delinquency and PINS cases to observe a suitable place where a child can be placed.

et al - An abridgement of et alia meaning "and others.".

Ex Parte - An application to the court made without notice to other parties; an awarding of only ane party.

Expunge - The authorized act of removing and destroying information, in files, computers or other depositories.

Actress Judicial Give up - A written surrender of a child by a parent which is not executed and acknowledged before a judge, but executed earlier witnesses from an authorized agency.

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Fact-Finding Hearing - The hearing in Family unit Court where it volition be decided if the charges are proven.

Family Court Legal Services - Function in the Administration of Children Services which provides legal services on behalf of cases brought past the Commissioner of Social Services.

Family Offense (O Petition)- A proceeding instituted in the Family Court alleging that a petitioner who is related to the respondent past claret or marriage (including former marriages) or who have a child in common has been hurt, threatened, harassed or stalked by the respondent. (more >>).

Family Court Act (FCA).

Family unit Treatment Court (FTC) - A special program designed to help respondents and their children get back together and stay together. This programme is designed to service individuals who have a fail instance against them with alcohol or substance corruption allegations.

FET (Full Evaluation and Testing) - Court ordered psychological and or psychiatric examination.

Foster Care- Care provided by an authorized child care bureau to a child who has been removed from his/her home past courtroom lodge or voluntarily past a parent. (more >>).

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Genetic Marking Exam - Order by the Court which requires an declared father, female parent and child to submit to sure medical testing to decide parentage of a kid born out of wedlock. Whatever result of 98% or more probability of paternity is sufficient proof of paternity.

Guardian - In the New York City Family Court, person to whom letters of guardianship have been issued for small person (under the age of 18 years).

Guardian Advertizement Litem (GAL) - Person appointed past a court to represent a minor or incompetent for purpose of litigation; person does not act as an attorney.

Guardianship (M petition)- Command or manage of the person or property, or both, of another who is incapable of interim for himself/herself. A guardianship proceeding in the Family unit Court only deals with the guardianship of the person, not the person's property. (more >>).

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Habeas Corpus - "You have the body," the name given a variety of writs whose object is to bring a person before a court or judge.

Man Resources Administration (HRA)- HRA/DSS is New York Metropolis Agency that oversees NYC'south welfare reform initiatives, programs and projects.

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Income or Payroll Deduction Order (IDO or PDO) - An lodge directing that the payor's employer garnish the and then ordered child support obligation, including arrears and frontwards straight to the payee orders without support enforcement services.

Income Execution Club (IEO or IEX) - An administrative order past the Back up Collection Unit (SCU) directing that the payor's employer deduct the then ordered child support obligation, including arrears from person's paycheck on orders payable thru SCU.

Imputing Income - This occurs in support proceedings when the parent is unemployed or underemployed (not working a full workweek or working lower than usual paying job) and the courtroom calculates the parent'south gross income based upon past earnings or ability.

Incapacitated Person - Any person who, for any crusade, is incapable to adequately protect his/her rights, although not judicially alleged an incompetent.

Income Withholding - Taking of money pursuant to court social club or past SCU without courtroom order from the not-custodial parents' paycheck to pay his or her child support.

Inquest - A proceeding in the Family Court where the respondent, after having been provided due notice, fails to appear, and the petitioner solitary innovate testimony.

Intake - Start court proceeding in Family Court where the petition is read and charges/demands explained.

I&R - Investigation and Report - A court ordered report requesting the Probation Department or Administration of Children's service to investigate the parties of case and prepare a report for the adjourn date. The investigation usually includes interviews with the parties and/or children and maybe a home visit. This study may likewise be called a court ordered investigation (COI).

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Juvenile Rights Partition (JRD) - An office of the Legal Assist Society which provides legal representation (Attorney for Child) to children in Family unit Courtroom cases.

Judgment - Determination or determination of a court.

Judicial Surrender (AS petition)- A surrender of a child to an authorized agency for the purpose of adoption which is executed and best-selling before a estimate of the Family unit Court or a Surrogate in this land.

Jurisdiction - Legal ability, right and authority to hear and decide cases; geographical area within which authority may exist exercised.

Juvenile Delinquent (D petition)- A person over 7 and less than 16 who is found to have committed an act that would be a crime if information technology were done by an adult and is also found to crave either supervision, confinement or handling. (more >>).

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K  50  M  Due north

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Kinship Foster Intendance - Foster care placement with a family member.

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Legal Aid Society (LAS) - A New York City Agency that provides legal representation as Attorneys for Child to children in certain Family Court cases.

Lawyers for Children (LFC) - Attorneys and certified social workers, who provide services to children every bit Attorneys for Child in foster care review and termination of paternal rights proceedings.

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Mediation - a voluntary and confidential process where you lot and the other parent work with a neutral mediator to create your own parenting program.

Mental Health Written report/Mental Health Services (MHS) - The New York City Section of Wellness and Mental Hygiene (DOHMH), Segmentation of Mental Hygiene Services (Division or DMH), is responsible for administering contracting deportment related to mental health services for adults, adolescents and children.

Minor/Infant - Any child nether the age of eighteen years in the State of New York.

Movement - Application to a court for an social club, ruling or conclusion.

Motion Granted - An order granting a specific relief requested in a movement.

Motion To Dismiss - An application to the court requesting an the dismissal of a petition.

Movant - The party who initiates a motility.

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New York Land Child Corruption & Maltreatment Cardinal Registry - A New York Land bureau responsible for maintaining all reports of alleged child corruption and maltreatment are recorded.

Non-custodial Parent - The parent who does not live with a child.

Notice of Entreatment - Written detect of intent to appeal a decision/order of a Family Court judge. An entreatment shall exist taken by filing the original notice of appeal with the clerk of the Family Court in which the order was fabricated.

Nunc Pro Tunc - "Now for then," shortly considered as if occurring at an earlier date, effective retroactively.

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O  P

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Objection To Support Magistrate's Order - A specific written objection to an social club made past a Support Magistrate. A review of such objection must be fabricated by a estimate. (more >>).

Function of Kid Support Enforcement (OCSE) - A division of the Administration of Children'due south Services that provides custodians of children assistance in obtaining support, including financial and medical, establishing paternity and support obligations and enforcing such courtroom orders.

Office of Children & Family unit Services (OCFS) - The New York Country agency which administers the institutional placement of minors afterward juvenile delinquency findings.

Order Modified - An order is modified when the Court changes the conditions or terms of an society fabricated by a courtroom.

Order of Filiation (OF) - An gild by the courtroom legally declaring the a male political party the biological father of a child, usually washed on the basis of the filing of a paternity petition.

Order of Protection (OP)- Order prohibiting a person from harming or threatening another.

Order of Back up (OS) - An order directing payments of child back up or combined child and spousal support.

Society of Support Reinstated - An social club reinstating an order of support previously suspended by the court.

Gild of Support Suspended - A temporary interruption of an order of support.

Guild of Support Terminated - An order that terminates an order of support based on findings of the courtroom.

Social club of Visitation - Gild which provides that the person who has custody of a child(ren) must allow the non-custodial parent or some other person to visit the child(ren) on specific days and times.

Society to Produce (OTP) - An social club directing a land or city Commissioner of Corrections to produce an inmate for a court appearance.

Order to Show Cause (OTSC) - An order fabricated upon motility of one political party (ex-parte) requiring the other party to appear and present reasons and objections (show cause) to the court against issuance of a proposed guild. An OTSC is an accelerated method of bringing a affair before the court and may incorporate a proposed temporary guild.

Office of Temporary and Disability Assistance (OTDA) - A New York State bureau responsible for overseeing child support initiatives statewide.

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PaternityPetition - A petition to have a court determine if a human is the biological male parent of a kid born out-of-wedlock. (more than >>).

Permanency Planning Hearing - Hearing involving a child in foster intendance, courtroom ordered or voluntary, to constitute time frames for the render of the kid to his/her abode or other permanency plans, including adoption.

Permanent Neglect - An allegation past an agency responsible for a child in foster intendance that believes that the kid's parents have non kept in contact, and have non planned for the child's future.

Person in Need of Supervision (PINS)- A person under the historic period of xviii who does non attend school and/or behaves in a manner that is dangerous or out of control and/or often disobeys parents, guardians or other authorities.

(more >>).

Petition - A signed, formal written request to a Family Court, that starts a case and asks for specific assistance from the courtroom.

Petition Transferred - An society directing that a petition exist transferred to another venue.

Petitioner - The person or agency filing the petition.

Placement - The delivery or assignment of a person to a facility or to any supervisory, care or handling plan.

Prima Facie Case - A case sufficient on its face and supported by the requisite minimum of testify.

Probation - Conditional freedom granted past a judicial officeholder to a juvenile in a Juvenile Delinquency or Person In Need of Supervision case, or to an adult in certain other proceedings, as long as the person meets certain atmospheric condition of behavior.

Pro Se - Any person who represents himself/herself in a courtroom proceeding. In New York Urban center Family unit Court, these persons are called "self-represented litigants".

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Q  R  S

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Rebuttal - A written response by a party to a written objection filed by the other party to a concluding gild of a Back up Magistrate.

Registration of Out of State Lodge of Support - When the duty of back up for child or spouse or former spouse is based upon a support guild of some other country, the petitioner may in accordance with the Uniform Interstate Family Support Act, register that support order in a court of this state by transmitting sure required documents to the Clerk of Court.

Remand To ACS (Administration of Children's Services) - The temporary removal of a child during the pendency of a PINS or neglect/abuse proceeding. During that period, the child is remanded to the Administration of Children's Services for custodial care.

Remittitur - Process by which an appellate court legally returns a example which was appealed to the court from which information technology was appealed, together with its determination, for such further activity and entry of judgment every bit is required by the decision of the Appellate Court.

Respondent - The person who formally answers the allegations stated in a petition which has been filed in court.

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Cocky-Represented Litigant - An individual who comes to Family Courtroom to file a petition (or other application) and who has no attorney. (Also referred to as a "pro se" litigant.)

Service of Procedure - providing the other party in a proceeding with the legal detect that a proceeding has been instituted and when and where to announced in court.

Settle Order - To conclude a lawsuit by agreement of the parties, usually by compromise.

Society for the Prevention of Cruelty to Children (SPCC).

Special Banana Corporation Counsel for the Commissioner of Social Services - attorneys who represent the interests of the Commissioner of Social Services in proceedings brought in Child Support Enforcement Term.

Social Services Law (SSL).

Statute of Limitations - Constabulary which declares that actions of a specified kind be commenced after a specified menses of time from when the cause of action occurred.

Stipulation - An agreement by attorneys or parties on contrary sides of a instance every bit to any matter pertaining to the proceedings or trial.

Subpoena - A direction of the court, issued by an attorney or the courtroom, commanding a person to appear in courtroom.

Amendment Duce Tecum - A subpoena commanding a person to produce in court, certain designated documents or records.

Summons - Notice for a person to appear in court at a specified time and place to respond a legal activeness against them.

Support Collection Unit (SCU)- A branch of Human Resources Administration which collects, accounts for, and disburses funds paid pursuant to an order of back up.

Back up Magistrate - Quasi-Judicial officer empowered to hear and determine back up issues in support, paternity and interstate support proceedings.

Support Petition (F)- A petition filed to determine who is legally responsible for the support of a child, spouse or relative and how much support should exist paid. (more than >>).

Suspended Judgment - A dispositional order which sets conditions for a specific duration which allows a respondent an opportunity to brand corrective action that may issue in the matter beingness dismissed.

TUVW

T  U  V  W

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Temporary Order of Support (TOS) - An interim order issued during the pendency of a court example concerning the payment of back up.

End Parental Rights (B Petition)- When an bureau responsible for a child in foster care believes that the child'south parents have non kept in contact, take not planned for the child's future, have abandoned or abused the child or are mentally ill or developmentally disabled in a way that may harm the child, the bureau tin file a petition to terminate the parental rights of the parents. (more >>).

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Undertaking - A directive by the court requiring the respondent to either post a surety or deposit greenbacks with the court or the Support Collection Unit to insure compliance with a court order of support.

Upon Default - Washed by omission, failure or absence of a party to the action.

Uniform Kid Custody Jurisdiction Enforcement Act (UCCJEA) - A proceeding which provides the courtroom with the power to bargain with interstate custody and/or visitation matters.

Compatible Interstate Family Support Human action (UIFSA)- A proceeding to secure support for dependent spouses and children from persons legally responsible for their support and found to be in another land, the District of Columbia, US Territories, the Dominion of Canada, and some foreign countries.

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Venue - The particular canton, city or geographical area in which a court with jurisdiction may hear and determine a case.

Verification - A sworn statement by a person signing a petition that the statements made in the petition are truthful.

Visitation Petition (Five)- Proceeding which requests the right to visit with child(ren). (more >>).

Voluntary Foster Care Placement (L Petition)- A court review of the voluntary placement of a child past a parent who is unable to treat a child. (more >>).

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Waiver - An intentional and voluntary relinquishment of some known right.

Warrant - An order issued by the courtroom directing law or peace officers to abort and/or produce a respondent and/or kid.

Willfulness Hearing - Conducted in spousal or kid support proceedings to determine if the respondent intentionally and wilfully failed to obey a lawful order of support.

Writ - An order issued from a court of justice requiring the performance of a specified act, or giving authority and commission to have it done.

Writ of Habeas Corpus - An gild issued by the courtroom directing that a person be produced in Family Courtroom immediately. This guild mostly requires the assistance of a peace officer.

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Source: http://ww2.nycourts.gov/COURTS/nyc/family/glossary1007.shtml

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