What does serving your documents mean in a family court case?

5. Give proof of service

You must give the court proof that your partner was served with your documents.

You do this by having whoever served the documents on your partner fill out Form 6B: Affidavit of Service. This form proves that your partner got a copy of your documents and knows that they have to respond to them.

Form 6B asks for:

  • The name of the person who served the documents
  • The name of the person or agency that was served
  • When the documents were served – the day, month, and year
  • Where the documents were served – house number, apartment number, street name, city, and province
  • What documents were served – Application, Answer, Reply, notice of motion, etc.
  • How the documents were served – personally, at place of residence, by regular mail, courier, or fax

This form must be sworn or affirmed. This means the person signing it is promising that the information in it is true. It is against the law to not tell the truth when swearing or affirming an affidavit.

The person must sign Form 6B in front of a commissioner for taking affidavits. There are commissioners for taking affidavits at the family courthouse.

File your Affidavit

Form 6B: Affidavit of Service then has to be filed with the court.

But before you 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.

You can now file most family law forms and supporting documents online. 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 .

There is a guide on how to file documents.

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