How To: Start a Family Law Court Application | Scribe

    How To: Start a Family Law Court Application

    • Samantha Prescott |
    • 13 steps |
    • 2 minutes
    1
    Navigate to [http://ontariocourtforms.on.ca/en/](http://ontariocourtforms.on.ca/en/)
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    Click "Family Law Rules"
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    Click "form-8-en-dec20.docx"
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    This will bring you to a Word document version of the Application which you can fill out. Fill in everything to the best of your ability. You will see that you will need to fill in the name and address of the Court you wish to bring your Application in. If your family matter involves property, you will bring the Application in the Ontario Superior Court. If it does not, bring it in the Ontario Court of Justice.
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    To file an Application, you will also need to file a Financial Statement (a Form 13 or 13.1). If your matter involves possible property and support issues, file a Form 13.1. If your matter can only possibly involve support issues, file a Form 13. If this is confusing, just choose a Form 13.1. Below, you will see where to find a Form 13.1.
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    Click "flr-13-1-may21-en-fil.docx"
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    Fill out the Financial Statement to the best of your ability. Everything you mark down should be accurate as of the date you sign (swear) the Financial Statement. You also need to attach documents to this form.
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    If your matter involves children, you will also need to file a Form 35.1 Affidavit. Below, you will see where to find a Form 35.1.
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    Click "flr-35-1-0921-en.docx"
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    Fill out the 35.1 Affidavit to the best of your ability.
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    Once you have your Application, Financial Statement, and 35.1 Affidavit (if your matter involves children) filled out, bring your forms to the front desk of the Court you are brining your Application in. The clerks will review your forms and should assist you if you are missing any key information. They should also swear your documents with you and then issue your Application. They will then give you instructions on how to serve the opposing party.
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    Once the documents are served, they will need to be filed with the Court with an Affidavit of Service. Whomever served the documents (this needs to be someone who is not a party to the proceedings and who is over 18) will need to swear an Affidavit of Service. Bring them to the Court desk with you when you go to file so that the clerk's there can assist with commissioning (swearing) the Affidavit of Service. Below you will see where to find an Affidavit of Service.
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    Click "flr-06b-apr16-en-fil.docx"