Definitions of Terms

 
Certain terms used in this guide may not be familiar to readers. Therefore, the following definitions have been provided for your convenience.
 
If you come upon a term that you do not understand, please refer to these definitions. While some terms have several meanings, the definitions refer to the meaning as used in this guide.

Definitions:

access – being allowed to spend time with the grandchildren at specified times and locations (It may also include things like the right to communicate, to send gifts or to receive information).
 
affidavit – a sworn, written declaration made before a competent authority, such as a Commissioner for Oaths or a Notary Public
 
affirmation – a serious declaration or promise by a person who does not wish to take an oath
 
applicant – a grandparent or other person who applies for access to a child
 
Commissioner for Oaths – a person appointed by the Province of Manitoba, who is authorized to take oaths, affidavits, affirmations or statutory declarations
 
Court of Queen’s Bench Rules – rules of court, including how to present forms and evidence in court (referred to in this guide as Queen’s Bench Rules)
 
deponent – a person who gives evidence, in an affidavit/declaration
 
judge – the person who hears both sides of a case in court, and makes a decision according to the law. Judges are either appointed by the federal [Canadian] government or provincial [Manitoba] government.
 
judgment – a decision of the court
 
jurat – the statement at the bottom of an affidavit [SEE DEFINITION OF AFFIDAVIT] requiring the name of the person swearing or affirming the evidence (in the affidavit) is true, and where, when, and before whom, the affidavit was sworn
 
Notary Public – one who is authorized to certify documents and take affidavits, affirmations or declarations for use inside or outside Manitoba
 
oral hearing – a hearing that allows the applicant to tell the judge about the evidence in person
 
order of substitutional service – a court order that allows one party to serve (give) legal documents in a different way than the usual method of service
 
personal service – a way of serving legal documents where someone gives the documents to the other party in person
 
process server – someone whose job it is to personally serve (give) documents to a person involved in a court action
 
requisition – a form asking the court to take certain actions
 
respondent – the person a court action is started against