What Is a Minute Order in Family Court
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See also: Law Library Glossaries of Legal Terms.
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18B Attorney - An attorney assigned past the court to represent a party in the Family Courtroom. The consignment is made under County Law Sec. 18b.
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Acknowledgment of Paternity - A voluntary written statement made by the female parent and biological father in which they admit that the man is the father of the child. A properly executed statement has the same legal effect as a court order. (See fastened .pdf Sample Copy)
Adjournment In Contemplation of Dismissal (ACD) - Banishment of a proceeding, for a specified period of time, usually vi months. If the conditions of ACD are met, and then the petition may be dismissed in the furtherance of justice.
Adjournment- The rescheduling of a proceeding or a courtroom example until a specified future appointment.
Administration for Children'due south Services (ACS)- A New York Metropolis agency charged with investigating allegations of kid abuse/neglect, encouraging family stability and when necessary, the placing of children in foster care and/or adoption.
Adoption - Legal proceeding whereby a person or persons accept a child or other person equally their ain child and thereby acquires the rights and incurs the responsibilities of a parent. ( more >> )
Affiant - Person who prepares and signs an affidavit.
Affidavit - Written statement fabricated under oath.
Allocution - When the court advises a political party of all of his or her rights, charges, every bit well as possible outcomes of a matter.
Culling Dispute Resolution (ADR) - ways to resolve disputes without a trial. Typical ADR processes include mediation, 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 action but is permitted past the court to present his/her views.
Appeal - A proceeding to have a case examined past an appropriate higher court to see if a lower court's decision was fabricated correctly co-ordinate to law. Appeals to Family Courtroom proceedings are heard in Appellate Partitioning of the Supreme Court. (See How to File an Appeal to a NYC Family Court Lodge) -
Appearance - The participation in the proceedings by a party in an action, either in person, by electronic means or through an attorney.
Appellant - The party who takes an entreatment to a higher court.
Appellee - The party against whom an appeal is taken.
A&R argument - An accounts and records statement made by the Support Collection Unit (SCU) detailing the payments made and money owed under an club of support.
Archives - A secure facility where old records and files are stored for safekeeping.
Arrears - In child/spousal support proceedings monies owed as a result of the respondent's failure to make payments in accordance with a court order.
ASFA - Adoption and Safe Families Act of 1997 - Federal Law that established national goals and requirements for children in the child welfare arrangement condom, permanency and well-being.
Assigned Counsel - See 18B Attorney.
Assignment Approximate - The Judge that oversees courtroom in which new cases first announced on a courtroom calendar for service, allocution, adjournments, assignment of counsel and/or issuance of temporary orders.
Assignment Part - The courtroom in which new cases first appear on a court calendar for service, allocution, adjournments, consignment of counsel and/or issuance of temporary orders.
Chaser for Child - Lawyer assigned by the courtroom to act as a child'southward attorney.
Attorney of Record - Attorney whose name appears in the permanent records or files of a example.
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Bench Conference - A meeting between the attorneys and the judge at the gauge's demote to discuss an issue in the case or an aspect of the proceedings. It may or may non be part of the official record.
Bronx Defenders - Attorneys and certified social workers who stand for and provide services to parents in sure Family unit Court cases.
Brooklyn Family Defense Project - Attorneys and certified social workers who represent and provide services to parents in certain Family Court cases.
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Calendar - A listing of a the court'south scheduled cases for a specific date.
CASA (Courtroom Appointed Special Advocates) - A New York City agency of non-attorneys who work in assist of children in foster care.
Caseworker - A person assigned to assist families and, if a proceeding is instituted, to testify about those efforts. Caseworkers may work for an agency.
Middle for Family Representation - Attorneys and certified social workers who represent and provide services to parents in certain Family Courtroom cases.
Certified Re-create- Re-create of a document signed and certified as a true copy by the officer, usually the Clerk of Courtroom, having custody of the original or past other authorized person.
Change in Circumstances (CIC) - Term often used as a footing for modifying a court order.
Change of Venue - The removal of a proceeding begun in one canton or district to some other canton or district for trial.
Child Corruption (NA Petition)- Where parent or person legally responsible for the intendance or custody of a child (less than 18 years of age) is responsible for such child and inflicts or allows concrete injury or a sex activity offense to be inflicted upon such child, as defined in the penal law. ( more than >>)
Child Neglect (NN 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 lack of proper intendance, including those where the child suffers psychological or physical harm for whatsoever reason. ( more >>)
Kid Protective Agency - An bureau authorized by state constabulary to protect the well- being of children. In NYC that bureau is the Administration for Children's Services (ACS).
Children's Law Center- Attorneys and certified social workers who represent and provide services to children in Custody/Visitation cases.
Child Back up Enforcement Term of the Family unit Court (CSET)- A special term inside the New York Urban center Family Court located in New York County which handles kid back up including, the establishment and enforcement, of child back up orders and paternity institution, when the kid requiring support receives public assistance. As of Jan 2009, all such public assistance cases within NYC are handled in the New York Canton Family Court.
Collaborative Police force - procedure in which a couple hires specially-trained lawyers and other professionals who work to aid them resolve their conflict out of courtroom.
Commissioner of Juvenile Justice (CJJ)- See Department of Juvenile Justice (DJJ)
Conformed Copy- A copy of a document with written confirmation that is an exact duplicate of the original. Likewise see Certified Copy.
Consent to Marry (M Petition) - The wedlock of a minor, who is at least xiv years of age and less than 16 years of age, must have the consent of the court.
Contempt of Courtroom - An human action or omission tending to obstruct or interfere with the orderly assistants of justice or to impair the dignity of the Court or respect for its authorisation.
Corporation Counsel (Presentment Agency) - A New York City agency which presents the case in support of a petition in a juvenile delinquency or designated felony case and which represents petitioners in Uniform Interstate Family Support Human action (UIFSA) cases.
Court Attorney Referee - Quasi - Judicial officeholder empowered to hear and determine proceedings in Family Courtroom upon referral past a guess and consent of the parties. In cases where consent is not given, Court Attorney Referees, upon referral by a gauge, are empowered to hear and report.
Court Liaison Officer (CLO) - Probation officer assigned to the court. This term is sometimes used to describe Administration of Children Service instance workers assigned to the court or an individual courtroom.
Custodial Parent - The parent who takes care of a child on a daily ground and has physical custody of the child.
Custody (5 Petition)- Petition seeking to obtain an order granting custody of a kid. The same petition blazon is to be used to obtain visitation with a child by 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 court appearance.
De Novo - From the beginning; a new trial.
Department of Juvenile Justice (DJJ)- A New York City agency responsible for the Non-Secure (NSD) and Secure detention of Juvenile Delinquents whose cases are awaiting before the Family Courtroom or pending transfers to other facilities.
Deposition - Sworn written testimony of a witness usually fabricated exterior of the court.
Designated Felony Acts (E Petition)- Certain serious violent-human activity crimes allegedly committed by a thirteen, 14 or 15 year-erstwhile. ( more than >> )
Dismissed - The termination of a proceeding for a procedurally prescribed reason.
Dismissed With Prejudice - Activeness dismissed, later on hearing, on the merits and may not be renewed for the same cause of action. Cases dismissed with prejudice may be appealed.
Dismissed Without Prejudice (DWOP)- Activeness dismissed, with or without a hearing. Cases dismissed without prejudice may be re-instituted or re-filed.
Disposition - The court'due south final determination or resolution of the relief requested on the current petition.
District Attorney - An chaser deputized as chief prosecutor whose official duty is to conduct 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 instance.
Domicile - A person's principal or permanent residence.
Domestic Relations Law - (DRL).
Department of Social Services - (DSS) - See Human Resources Administration.
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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 find a suitable place where a child can be placed.
et al - An abbreviation of et alia meaning "and others.".
Ex Parte - An application to the court made without detect to other parties; an awarding of but one party.
Expunge - The authorized act of removing and destroying information, in files, computers or other depositories.
Extra Judicial Surrender - A written surrender of a kid by a parent which is not executed and acknowledged before a approximate, but executed earlier witnesses from an authorized bureau.
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Fact-Finding Hearing - The hearing in Family Court where information technology will be decided if the charges are proven.
Family Court Legal Services - Office in the Administration of Children Services which provides legal services on behalf of cases brought by the Commissioner of Social Services.
Family unit Criminal offense (O Petition)- A proceeding instituted in the Family Courtroom alleging that a petitioner who is related to the respondent by blood 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 Deed (FCA).
Family unit Handling Court (FTC) - A special program designed to assist respondents and their children become back together and stay together. This programme is designed to service individuals who have a neglect case against them with alcohol or substance abuse allegations.
FET (Full Evaluation and Testing) - Courtroom ordered psychological and or psychiatric examination.
Foster Care- Intendance provided by an authorized child care agency to a child who has been removed from his/her domicile by court order or voluntarily past a parent. (more >>).
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Genetic Marker Test - Order by the Courtroom which requires an alleged father, mother and kid to submit to sure medical testing to determine parentage of a kid built-in out of wedlock. Any issue of 98% or more probability of paternity is sufficient proof of paternity.
Guardian - In the New York Metropolis Family Court, person to whom messages of guardianship have been issued for minor person (nether the age of 18 years).
Guardian Advert Litem (GAL) - Person appointed by a court to correspond a minor or incompetent for purpose of litigation; person does not act every bit an attorney.
Guardianship (G petition)- Command or manage of the person or holding, or both, of another who is incapable of acting for himself/herself. A guardianship proceeding in the Family unit Court just 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 diversity of writs whose object is to bring a person before a court or judge.
Human being Resources Assistants (HRA)- HRA/DSS is New York City Agency that oversees NYC'due south welfare reform initiatives, programs and projects.
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Income or Payroll Deduction Order (IDO or PDO) - An gild directing that the payor'due south employer garnish the so ordered kid support obligation, including arrears and forward directly to the payee orders without support enforcement services.
Income Execution Society (IEO or IEX) - An authoritative order by the Support Drove Unit (SCU) directing that the payor'due south employer deduct the so ordered child support obligation, including deficit from person'southward paycheck on orders payable thru SCU.
Imputing Income - This occurs in back up proceedings when the parent is unemployed or underemployed (non working a full workweek or working lower than usual paying job) and the court calculates the parent's gross income based upon past earnings or ability.
Incapacitated Person - Whatever person who, for any cause, is incapable to adequately protect his/her rights, although non judicially declared an incompetent.
Income Withholding - Taking of money pursuant to court gild or by SCU without court order from the non-custodial parents' paycheck to pay his or her child support.
Inquest - A proceeding in the Family Court where the respondent, afterwards having been provided due observe, fails to appear, and the petitioner alone introduce testimony.
Intake - Offset court proceeding in Family unit Court where the petition is read and charges/demands explained.
I&R - Investigation and Report - A court ordered report requesting the Probation Department or Assistants of Children's service to investigate the parties of case and ready a written study for the adjourn date. The investigation commonly includes interviews with the parties and/or children and possibly a home visit. This report may also be chosen a court ordered investigation (COI).
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Juvenile Rights Partitioning (JRD) - An office of the Legal Aid Society which provides legal representation (Attorney for Child) to children in Family Court cases.
Judgment - Decision or determination of a court.
Judicial Surrender (Equally petition)- A give up of a child to an authorized bureau for the purpose of adoption which is executed and best-selling earlier a judge of the Family Courtroom or a Surrogate in this state.
Jurisdiction - Legal power, right and authority to hear and make up one's mind cases; geographical surface area within which authority may be exercised.
Juvenile Delinquent (D petition)- A person over 7 and less than sixteen who is found to have committed an deed that would be a crime if it were washed by an developed and is also found to crave either supervision, confinement or treatment. (more >>).
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Kinship Foster Care - Foster care placement with a family fellow member.
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Legal Aid Society (LAS) - A New York City Agency that provides legal representation every bit Attorneys for Child to children in certain Family Court cases.
Lawyers for Children (LFC) - Attorneys and certified social workers, who provide services to children as Attorneys for Kid in foster care review and termination of paternal rights proceedings.
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Mediation - a voluntary and confidential process where yous and the other parent work with a neutral mediator to create your own parenting programme.
Mental Health Study/Mental Health Services (MHS) - The New York Metropolis Department of Health and Mental Hygiene (DOHMH), Segmentation of Mental Hygiene Services (Division or DMH), is responsible for administering contracting actions related to mental wellness services for adults, adolescents and children.
Pocket-sized/Baby - Any child nether the historic period of 18 years in the State of New York.
Motion - Application to a court for an gild, ruling or decision.
Motion Granted - An order granting a specific relief requested in a motion.
Movement To Dismiss - An application to the court requesting an the dismissal of a petition.
Movant - The political party who initiates a motion.
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New York Land Kid Abuse & Maltreatment Central Registry - A New York Land agency responsible for maintaining all reports of declared child abuse and maltreatment are recorded.
Non-custodial Parent - The parent who does not live with a child.
Notice of Appeal - Written notice of intent to appeal a conclusion/order of a Family Court gauge. An entreatment shall exist taken by filing the original find of entreatment with the clerk of the Family Court in which the order was made.
Nunc Pro Tunc - "Now for and so," presently considered as if occurring at an earlier date, constructive retroactively.
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Objection To Support Magistrate'south Lodge - A specific written objection to an social club fabricated past a Support Magistrate. A review of such objection must exist made past a judge. (more >>).
Office of Child Back up Enforcement (OCSE) - A partitioning of the Administration of Children's Services that provides custodians of children assist in obtaining support, including financial and medical, establishing paternity and support obligations and enforcing such court orders.
Office of Children & Family Services (OCFS) - The New York State agency which administers the institutional placement of minors after juvenile delinquency findings.
Order Modified - An lodge is modified when the Court changes the conditions or terms of an order fabricated by a courtroom.
Guild of Filiation (OF) - An order past the courtroom legally declaring the a male political party the biological male parent of a kid, commonly done on the basis of the filing of a paternity petition.
Order of Protection (OP)- Order prohibiting a person from harming or threatening another.
Club of Support (OS) - An guild directing payments of child support or combined child and spousal support.
Order of Support Reinstated - An order reinstating an guild of support previously suspended past the court.
Gild of Support Suspended - A temporary suspension of an order of support.
Lodge of Back up Terminated - An club that terminates an society of support based on findings of the court.
Social club of Visitation - Guild which provides that the person who has custody of a kid(ren) must allow the non-custodial parent or another person to visit the child(ren) on specific days and times.
Guild to Produce (OTP) - An order directing a country or metropolis Commissioner of Corrections to produce an inmate for a court appearance.
Order to Show Cause (OTSC) - An society made upon motion of one party (ex-parte) requiring the other party to announced and nowadays reasons and objections (bear witness crusade) to the court against issuance of a proposed order. An OTSC is an accelerated method of bringing a matter before the court and may contain a proposed temporary order.
Function of Temporary and Disability Aid (OTDA) - A New York State agency responsible for overseeing child support initiatives statewide.
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PaternityPetition - A petition to have a court decide if a homo is the biological begetter of a kid built-in out-of-marriage. (more >>).
Permanency Planning Hearing - Hearing involving a kid in foster care, court ordered or voluntary, to establish time frames for the return of the child to his/her home or other permanency plans, including adoption.
Permanent Neglect - An allegation by an agency responsible for a child in foster care that believes that the child's parents take not kept in contact, and have non planned for the child's futurity.
Person in Need of Supervision (PINS)- A person under the age of 18 who does not attend school and/or behaves in a way that is dangerous or out of control and/or often disobeys parents, guardians or other regime.
(more >>).
Petition - A signed, formal written asking to a Family unit Court, that starts a instance and asks for specific assist from the court.
Petition Transferred - An order directing that a petition be transferred to another venue.
Petitioner - The person or agency filing the petition.
Placement - The commitment or assignment of a person to a facility or to any supervisory, care or treatment program.
Prima Facie Instance - A case sufficient on its face and supported by the requisite minimum of bear witness.
Probation - Conditional freedom granted past a judicial officer to a juvenile in a Juvenile Malversation or Person In Need of Supervision instance, or to an developed in certain other proceedings, as long every bit the person meets certain conditions of behavior.
Pro Se - Whatsoever person who represents himself/herself in a court proceeding. In New York City Family Court, these persons are called "self-represented litigants".
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Rebuttal - A written response by a party to a written objection filed past the other party to a concluding order of a Support Magistrate.
Registration of Out of State Guild of Support - When the duty of back up for child or spouse or former spouse is based upon a support order of another state, the petitioner may in accordance with the Uniform Interstate Family Back up Act, annals that back up order in a courtroom of this state past transmitting certain 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/corruption proceeding. During that menstruum, the child is remanded to the Administration of Children'due south Services for custodial care.
Remittitur - Procedure by which an appellate court legally returns a case which was appealed to the court from which it was appealed, together with its conclusion, for such further action and entry of judgment as 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 every bit a "pro se" litigant.)
Service of Process - providing the other party in a proceeding with the legal detect that a proceeding has been instituted and when and where to appear in courtroom.
Settle Society - To conclude a lawsuit by agreement of the parties, unremarkably by compromise.
Society for the Prevention of Cruelty to Children (SPCC).
Special Assistant Corporation Counsel for the Commissioner of Social Services - attorneys who stand for the interests of the Commissioner of Social Services in proceedings brought in Kid Back up Enforcement Term.
Social Services Police force (SSL).
Statute of Limitations - Constabulary which declares that deportment of a specified kind be commenced afterward a specified flow of time from when the cause of activeness occurred.
Stipulation - An agreement by attorneys or parties on opposite sides of a case as to any matter pertaining to the proceedings or trial.
Amendment - A management of the court, issued by an attorney or the court, commanding a person to announced in courtroom.
Subpoena 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 answer a legal action confronting 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.
Support Magistrate - Quasi-Judicial officer empowered to hear and decide 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 be paid. (more than >>).
Suspended Judgment - A dispositional society which sets conditions for a specific duration which allows a respondent an opportunity to make corrective action that may result in the thing being dismissed.
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Temporary Gild of Back up (TOS) - An interim order issued during the pendency of a court case apropos the payment of back up.
Terminate Parental Rights (B Petition)- When an bureau responsible for a child in foster intendance believes that the child's parents have not kept in contact, have non planned for the child'due south future, have abased or abused the child or are mentally ill or developmentally disabled in a way that may damage the child, the agency can 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 cash with the court or the Back up Collection Unit to insure compliance with a court lodge of support.
Upon Default - Done past omission, failure or absence of a party to the action.
Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) - A proceeding which provides the courtroom with the ability to deal with interstate custody and/or visitation matters.
Uniform Interstate Family Support Act (UIFSA)- A proceeding to secure support for dependent spouses and children from persons legally responsible for their back up and constitute to be in another country, the District of Columbia, U.s.a. Territories, the Dominion of Canada, and some foreign countries.
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Venue - The particular canton, urban center or geographical area in which a courtroom 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 true.
Visitation Petition (V)- Proceeding which requests the right to visit with kid(ren). (more >>).
Voluntary Foster Care Placement (Fifty Petition)- A court review of the voluntary placement of a child by a parent who is unable to intendance for a child. (more >>).
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Waiver - An intentional and voluntary relinquishment of some known right.
Warrant - An order issued by the court directing police or peace officers to arrest and/or produce a respondent and/or child.
Willfulness Hearing - Conducted in spousal or kid support proceedings to determine if the respondent intentionally and wilfully failed to obey a lawful social club of support.
Writ - An club issued from a court of justice requiring the functioning of a specified act, or giving potency and commission to take information technology done.
Writ of Habeas Corpus - An order issued by the court directing that a person be produced in Family unit Court immediately. This order mostly requires the assistance of a peace officeholder.
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Source: https://ww2.nycourts.gov/COURTS/nyc/family/glossary1007.shtml
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