4. File your forms at court

How do I start a family law court case?
This question has an answer and 5 steps

4. File your forms at court

After you serve your partner, take your original documents and Form 6B: Affidavit of Service to the courthouse and file them. This means you put them in your court file. You do this at the court counter, with the help of the court clerk.

There is a guide on how to file documents.

Continuing Record

Because you're starting the case, you have to start a court file at the court by creating a continuing record and a table of contents. The continuing record is a court file that has all the important documents in your case.

Rule 9: Continuing record says that you must file every document in your case in a continuing record so the judge can find it easily when it's needed.

The continuing record has 2 parts:

  • The endorsement volume has all the endorsements and court orders the judge made in your case. An endorsement is the written directions a judge gives you and your partner that says what you must do or not do.
  • The documents volume has most of the documents you and your partner file in your case. For example, your Applications, Answers, Replies, affidavits of service, financial statements, motions, and affidavits.

Documents are added to the continuing record after they have been served on the other person.

When you add a document to the continuing record, you also have to update the table of contents by listing each document you're filing.

Court staff can help you figure out where each document goes in the continuing record.

Make sure you keep a copy of every document you and your partner fill out. This allows you to keep track of your case yourself. You won't have to go to the court to ask the court clerk to get your file if you need to check something.

Reviewed: April 1, 2019

Parlez Français