2. Serve your documents

What is a motion without consent in family law and what happens at one?
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2. Serve your documents

You must serve your partner with a copy of your documents at least 6 days before the date of your motion. Rule 6: Service of documents tells you how to serve your documents.

There is also a guide on how to serve documents.

Rule 3: Time tells you how to count time or days. Counting time or days is important because court staff won't accept your documents if you have not followed the rules.

For example, if you have more than 7 days to serve or file your documents or to confirm your court date, then Saturdays, Sundays, and holidays when court offices are closed are counted.

But if you have less than 7 days to serve or file your documents or to confirm your court date, then Saturdays, Sundays, and holidays when court offices are closed are not counted.

Whoever serves the documents on your partner must fill out Form 6B: Affidavit of Service. In it, they say when, where, and how they served your partner. The form proves that your partner got a copy of your documents and knows that they have to respond to them.

File your documents

After you serve your partner, you must file your documents and Form 6B: Affidavit of Service with the court in your continuing record. This means they are added to your court file. You must do this at least 4 days before the motion date. 

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.

You May Also Need

Ontario Court Forms
Reviewed: August 19, 2020

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