What is a motion without consent in family law and what happens at one?Updated September 1
Question & AnswerWhat is a motion without consent in family law and what happens at one?
1. Fill out your court forms
If you're bringing the , you need to fill out:
- Form 14: Notice of Motion, where you list the orders you want the court to make; or a Form 14B: Notice of Motion if you're asking for a such as more time to your documents.
- Form 14A: Affidavit, where you tell the court why you're asking for those orders and include your evidence. Your evidence must be sworn or affirmed. This means you promise that the information in the document is true. It is against the law to not tell the truth when swearing or affirming an affidavit.
You may also need to fill out:
- Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you're asking for or and if you haven't already filed this form with the court. 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 .
- Form 13: Financial Statement or Form 13.1: Financial Statement, if you're asking for , , or to divide property. You have to give information about your finances such as your income, living expenses, and and .
- Form 13A: Certificate of Financial Disclosure, where you list all the documents that prove what you said in your .
- Support Deduction Order, if you're asking for support.
- Support Deduction Order Information Form, if you're asking for support.
- A factum, which is a statement of the law you're relying on. A factum is usually a good idea and is sometimes required in the Superior Court of Justice.
- Updated table of contents, that lists the documents you're adding to your continuing record.
You need to call the court or go to the courthouse to ask the for a date when the judge will hear your motion. You write this date on your Form 14: Notice of Motion.