Court Forms

An application is the document that starts a family court case. In most provinces, it is called an Application (Form 8 in Ontario's Family Law Rules). In divorce cases, it may be called a Petition for Divorce. The application sets out who the parties are, what issues are in dispute (parenting, support, property), and what orders you are asking the court to make. It must be served on the other party according to the rules. Filing an application starts the court file and gives you a court file number.

An Answer (or Response) is the document filed by the other party in response to your application. It sets out their position on the issues you raised and may include their own claims against you. If you receive an application, you must file an Answer within the time limit set by the rules (usually 30 days) or you may be noted in default, which means the court can make orders without hearing from you. Read the application carefully and respond to each claim specifically.

A Financial Statement is a sworn document that sets out your income, expenses, assets, and debts. It is required in virtually every family law case involving money — child support, spousal support, or property division. Both parties must file Financial Statements and exchange them with each other. The information must be complete and accurate — filing a false Financial Statement is perjury. Attach supporting documents: recent pay stubs, last two years of tax returns, bank statements, and mortgage or lease documents.

An affidavit is a sworn written statement of facts. It is your evidence in written form. Affidavits are used in motions and other proceedings where live testimony is not presented. Write in the first person, state facts (not opinions or arguments), and be specific — include dates, times, and details. Attach relevant documents as exhibits. Your affidavit must be sworn before a commissioner of oaths or notary public. Courts give less weight to vague, emotional, or argumentative affidavits.

A Motion to Change is the form used to ask the court to change an existing court order. You must show that there has been a material change in circumstances since the original order was made. The form requires you to describe the existing order, explain what has changed, and state what new order you are asking for. Both parties must file updated Financial Statements if the change involves support. The process is similar to starting a new case — the other party has the right to respond.

When both parties agree on some or all issues, they can record their agreement in Minutes of Settlement or a Consent Order. Minutes of Settlement is a contract between the parties. A Consent Order is filed with the court and has the same legal force as an order made after a hearing. To make a consent order, both parties sign the document and file it with the court for a judge's signature. Consent orders are faster and cheaper than contested hearings and give both parties more control over the outcome.

Court forms vary by province. In Ontario, family court forms are available at ontario.ca/familylawforms. In British Columbia, forms are at gov.bc.ca/familylaw. Alberta's forms are at albertacourts.ca. Most provincial court websites have a forms section. Courthouse self-help centres can help you identify and complete the right forms. Legal aid offices and community legal clinics also provide forms assistance. Never use an outdated form — always download the current version from the official court website.