How do I start a family law court case?
Question & AnswerHow do I start a family law court case?
1. Fill out your court forms
To start a court case, you must fill out a number of court forms and give them to your partner.
Family Law Guided Pathways: Form 8
Fill out court forms for cases about children, support, and property in separation or divorce
The main form you fill out is Form 8: Application. In it, you:
- give basic information about your family, such as your name, date of birth, and address, and those of your partner and your children
- the history of your relationship with your partner
- check off the issues you're asking the judge to help you with
- list the orders you're asking the judge to make
- give facts and reasons for each order you're asking for
The other forms you fill out depend on what you're asking for. You can get family law court forms from the courthouse or online. They are available in French and English.
Support and dividing property
If you're asking for , , or to divide property, you must also fill out a . Rule 13: Financial Disclosure tells you the financial information and other documents you have to give the court.
But, if the amount of child support you're asking for is similar to the amount you would get under the and child support tables, you don't have to fill out a financial statement.
There are 2 financial statement forms. Fill out the financial statement that applies to your situation.
- Form 13: Financial Statement (Support Claims): Use this form if you are asking only for child support, spousal support, or both child support and spousal support. Don't use it if you need to divide property and .
- Form 13.1: Financial Statement (Property and Support Claims): Use this form if you are asking to divide property and debts. You may also be asking for support.
You may also have to fill out:
- Form 13A: Certificate of Financial Disclosure, where you list all the documents that prove what you said in your financial statement.
- Support Deduction Order
- Support Deduction Order Information Form
Decision-making responsibility and parenting time
If you're asking for for or with your children, you need to fill out Form 35.1: Affidavit (decision-making responsibility, parenting time, contact). Decision-making responsibility and parenting time used to be called and . You have to answer some personal questions about your family situation and tell the court about your suggested .
If you're asking for a , the forms you fill out depend on whether you're: