What is an urgent motion with notice in family law and what happens at one?
4. Prepare for your court date
Review your partner’s documents
Your partner must you with a copy of their documents at least 4 days before the date of your .
They have to give you their Form 14A: Affidavit, where they tell the court why they agree or don’t agree with the orders you’re asking for and their evidence.
They may also give you:
- Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you or your partner are asking for or and if they haven’t already filed this form with the court. Decision-making responsibility and parenting time used to be called and . They have to answer some personal questions about the family situation and tell the court about their suggested .
- Form 13: Financial Statement or Form 13.1: Financial Statement, if you or your partner are asking for , , or to divide property. They have to give information about their finances such as their income, living expenses, and and .
- Form 13A: Certificate of Financial Disclosure, where they list all the documents that prove what they said in their .
- Support Deduction Order, if you or your partner are asking for support.
- Support Deduction Order Information Form, if you or your partner are asking for support.
- A factum, which is a statement of the law they are relying on. A factum is sometimes required in the Superior Court of Justice.
- Updated table of contents, that lists the documents they are adding to the continuing record.
You should read these documents carefully. Make sure you understand what your partner is asking for.
If your partner asks for new things that are not in your court forms, you don’t have to respond to them. If you don’t, it means you don’t agree with what your partner has said.
But, if you want to reply to their new claims with your facts and evidence, you fill out Form 14A: Affidavit. If you reply, you must serve and your reply 3 days before your motion.
Confirm your court date
You and your partner must tell the court that you will be at your hearing and that you’re ready to go ahead.
You each do this by filling out a Form 14C: Confirmation. Write down the amount of time you think you’ll need, the specific issues that will be discussed, and the documents the judge should read.
You can fax the form or take it to the courthouse in person. Do this no later than 2:00 p.m. at least 3 days before your hearing date. If you miss this deadline, the hearing may not be held and you will have to get a new date.
You must also give your partner a copy of the form before you give it to the court.