2. Fill out your court forms to start the motion

How do I bring a motion to change a court order for child custody, access, or parenting?
This question has an answer and 4 steps

2. Fill out your court forms to start the motion

You need to fill out:

If you're also asking for a change to support, you may need to fill out:

You can get family law court forms from the courthouse or online. They are available in French and English.

Take your forms to court

Once you have filled out your forms, you must have your motion to change issued by the court. This means the court clerk signs, dates, and stamps them and gives you a court date.

You must usually go to the same level of court that made your court order.

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

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

So, if the Superior Court of Justice made the order, you must go back to a Superior Court of Justice in the jurisdiction that your child currently lives to change it.

Give your partner a copy

You must serve your partner with a copy of your documents by special service within 30 days of having it issued. Rule 6: Service of documents tells you how to serve your documents. There is also a guide on how to serve documents.

You can't give them your documents directly. You have to get a family member or friend who is at least 18 years old or a professional process server to give your partner the documents. Or, you can leave them with your partner’s lawyer.

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

You need to go back to the courthouse once your partner has been served, to file your documents and Form 6B: Affidavit of Service in your continuing record. You do this at the court counter, with the help of the court clerk.

There is a guide on how to file documents.

Reviewed: July 31, 2017

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