2. Fill out your court forms

What is an emergency or ex parte motion in family law and what happens at one?
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2. Fill out your court forms

If you are bringing the motion, you need to fill out:

  • Form 14: Notice of Motion, where you list the orders you're asking the court to make.
  • Form 14D: Order on Motion without Notice, where you list the orders you're asking the court to make.
  • Form 14A: Affidavit, where you tell the court why you're asking for those orders and why you can't wait until a case conference to discuss the issues. 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:

Because you are bringing the motion without notice, you do not serve your partner with your documents.

Choose the right court

There are three courts that deal with family law issues in Ontario. These are the:

  • Ontario Court of Justice
  • Superior Court of Justice
  • Family Court branch of the Superior Court of Justice

It is important that you go to the right court. If you're not sure which court to go to, call the family courthouse in your municipality to ask.

File your documents at court

You must file your completed documents at the courthouse in your continuing record.

You can now file most family law forms and supporting documents online. But you cannot file online if your court date or filing deadline is 5 business days or less away. For more information on how to file online, read the question How do I file court forms for my family law case online? 

If you're not allowed to, or don't want to file your documents online, then you have to file them in person at the courthouse. You do this at the court counter, with the help of the court clerk.

But before you file your documents, you must remove all financial account numbers and personal identifying information. You do this by blacking out information like:

  • social insurance numbers
  • bank account numbers
  • credit card numbers
  • account numbers for mortgages, lines of credit, and other loans

You must keep the original documents that shows this information. A judge might ask to see it.

There is a guide on how to file documents.

The court clerk gives your documents to a judge to review and make an order.

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Reviewed: August 19, 2020

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