What is an urgent motion with notice in family law and what happens at one?
2. Fill out your forms
If you're 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 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.
- An that tells your partner what you are willing to accept so that you don't have to go to court for your motion.
- 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.
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.