What is an emergency or ex parte motion in family law and what happens at one?
2. Fill out your court forms
If you are bringing the , 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 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.
If your case is in the Superior Court of Justice, there are several other rules you must follow. For example:
- you must use a font size of at least 12 points and double spacing on all your forms and documents
- your affidavit can't be more than 12 pages. This includes affidavits that you've filed with the court before.
You may also need to fill out:
- Form 14A: Affidavit, from other people like friends, family members, and neighbours, who have information that proves what you are saying. If they are not willing to sign an affidavit, you can try asking them for a letter that you can attach to your affidavit.
- Form 8: Application, if you haven't already filed this form with the court. You have to:
- 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
- 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 the continuing record.
Because you are bringing the motion without notice, you do not 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 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 .
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.