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O. Reg. 202/01: FAMILY LAW RULES

filed June 15, 2001 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 202/01

made under the

Courts of justice act

Made:  May 11, 2001
Approved:  June 13, 2001
Filed:  June 15, 2001
Printed in The Ontario Gazette: June 30, 2001

Amending O. Reg. 114/99

(Family Law Rules)

1. Subrule 1 (3) of Ontario Regulation 114/99 is amended,

(a) by striking out “Regional Municipality of Hamilton-Wentworth” and substituting “City of Hamilton”;

(b) by striking out “Regional Municipality of Ottawa-Carleton” and substituting “City of Ottawa”; and

(c) by striking out “County of Victoria” and substituting “City of Kawartha Lakes”.

2. Subrule 3 (6) of the Regulation is revoked and the following substituted:

WRITTEN CONSENT TO CHANGE TIME

(6) The parties may, by consent in writing, change any time set out in these rules, except that they may not change a time set out in,

(a) clause 14 (11) (c) (confirmation of motion);

(b) subrules 17 (14) and (14.1) (confirmation of conference, late briefs);

(c) subrule 33 (1) (timetable for child protection cases);

(d) rule 39 (case management in Family Court of Superior Court of Justice); or

(e) rule 40 (case management in Ontario Court of Justice).

3. (1) Clause 13 (7) (b) of the Regulation is revoked and the following substituted:

(b) the financial statement contains the party’s signed direction to the Canada Customs and Revenue Agency (Form 13A) for disclosure of the party’s income and deduction printouts; or

(2) Subrule 13 (12) of the Regulation is revoked and the following substituted:

UPDATING FINANCIAL STATEMENT

(12) Before any case conference, motion, settlement conference or trial, each party shall update the information in any financial statement that is more than 30 days old by serving and filing,

(a) a new financial statement; or

(b) an affidavit saying that the information in the last statement has not changed and is still true.

MINOR CHANGES

(12.1) If there have been minor changes but no major changes to the information in a party’s past statement, the party may serve and file, instead of a new financial statement, an affidavit with details of the changes.

TIME FOR UPDATING

(12.2) The material described in subrules (12) and (12.1) shall be served and filed as follows:

1. For a case conference or settlement conference requested by a party, the requesting party shall serve and file at least seven days before the conference date and the other party shall serve and file at least four days before that date.

2. For a case conference or settlement conference that is not requested by a party, the applicant shall serve and file at least seven days before the conference date and the respondent shall serve and file at least four days before that date.

3. For a motion, the party making the motion shall serve and file at least seven days before the motion date and the other party shall serve and file at least four days before that date.

4. For a trial, the applicant shall serve and file at least seven days before the trial date and the respondent shall serve and file at least four days before that date.

4. (1) Subrule 14 (4) is revoked and the following substituted:

CASE CONFERENCE FOR EVERY MOTION

(4) A case conference shall be held for every motion.

NO MOTION BEFORE A CASE CONFERENCE

(4.1) No notice of motion or supporting evidence may be served and no motion may be heard before the case conference is held.

URGENCY, HARDSHIP ETC.

(4.2) Subrules (4) and (4.1) do not apply if the court is of the opinion that there is a situation of urgency or hardship or that a case conference is not required for some other reason in the interest of justice.

(2) Clause 14 (11) (c) of the Regulation is amended by striking out “not later than 2 p.m. on the day before the motion date” and substituting “not later than 2 p.m. two days before the motion date”.

(3) Rule 14 of the Regulation is amended by adding the following subrule:

NO LATE DOCUMENTS

(11.1) No documents for use on the motion may be served or filed after 2 p.m. two days before the motion date.

5. (1) Clause 17 (2) (a) of the Regulation is revoked and the following substituted:

(a) the clerk shall, on request, schedule a case conference or set a date for an uncontested trial or, in an uncontested divorce case, prepare the documents for a judge; and

(2) Subrule 17 (4.1) of the Regulation is amended by striking out “(Form 17C)” and substituting “(Form 17”).

(3) Clause 17 (8) (a) of the Regulation is amended by striking out “give directions for the trial” and substituting “give directions for the next step or steps in the case”.

(4) Subrule 17 (8) of the Regulation is amended by adding the following clause:

(a.1) order that the evidence of a witness at trial be given by affidavit;

(5) Subrule 17 (13) of the Regulation is revoked and the following substituted:

PARTIES TO SERVE BRIEFS

(13) For each conference, each party shall serve and file a case conference brief (Form 17A or Form 17B), settlement conference brief (Form 17C or Form 17D) or trial management conference brief (Form 17E), as appropriate.

TIME FOR SERVICE OF BRIEFS

(13.1) The party requesting the conference (or, if the conference is not requested by a party, the applicant) shall serve and file a brief not later than seven days before the date scheduled for the conference and the other party shall do so not later than four days before that date.

(6) Subrule 17 (14) of the Regulation is amended by striking out “not later than 2 p.m. on the day before the date scheduled for the conference” and substituting “not later than 2 p.m. two days before the date scheduled for the conference”.

(7) Rule 17 of the Regulation is amended by adding the following subrule:

NO LATE BRIEFS

(14.1) No brief or other document for use at the conference may be served or filed after 2 p.m. two days before the date scheduled for the conference.

(8) Subrule 17 (22.2) of the Regulation is revoked and the following substituted:

OFFERS TO SETTLE

(22.2) An offer to settle shall not be filed in the court file or continuing record except,

(a) as part of a settlement conference brief; or

(b) as directed by the court.

6. (1) Subrule 23 (1) of the Regulation is amended by striking out “at least 14 days before the start of the trial” and substituting “at least 30 days before the start of the trial”.

(2) Paragraph 7 of subrule 23 (1) of the Regulation is revoked and the following substituted:

7. The relevant parts of any transcript on which the party intends to rely at trial.

(3) Rule 23 of the Regulation is amended by adding the following subrule:

DIRECTION, EVIDENCE BY AFFIDAVIT

(20.1) A direction made at a conference that the evidence of a witness be given by affidavit shall be followed at trial unless the trial judge orders otherwise.

(4) Clause 23 (21) (b) of the Regulation is amended by striking out “at least 14 days before the trial starts” and substituting “at least 30 days before the start of the trial”.

(5) Subrule 23 (22) of the Regulation is amended by striking out “Form 23C” and substituting “Form 14A or Form 23C”.

(6) The English version of subrule 23 (23) of the Regulation is amended by striking out “the trial starts” and substituting “the start of the trial”.

7. Clause 39 (5) (c) of the Regulation is revoked and the following substituted:

(c) if no answer has been filed in response to an application, or if no affidavit has been filed in response to a motion to change a final order or agreement, send the case to a judge for a decision on the basis of affidavit evidence or, on request, schedule a case conference; and

8. Clause 40 (4) (c) of the Regulation is revoked and the following substituted:

(c) if no answer has been filed in response to an application, or if no affidavit has been filed in response to a motion to change a final order or agreement, send the case to a judge for a decision on the basis of affidavit evidence or, on request, schedule a case conference; and

9. Forms 8, 8D, 10, 13A, 14C and 15 of the Regulation are revoked and the following substituted:


 

 

 

Court File Number

 

……...……………………

Form 8: Application

(General)

SEAL

at

(Name of court)

 

 

 

 

Court office address

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

TO THE RESPONDENT(S):

A COURT CASE HAS BEEN STARTED AGAINST YOU IN THIS COURT.  THE DETAILS ARE SET OUT ON THE ATTACHED PAGES.

 

¨ THE FIRST COURT DATE IS (date) ……………..…….

AT .......  a.m./p.m. or as soon as possible after that time, at: (address)

 

 

NOTE:  If this is a divorce case, no date will be set unless an Answer is filed

If you have also been served with a notice of motion, there may be an earlier court date and you or your lawyer should come to court for the motion.

¨ THIS CASE IS ON THE FAST TRACK OF THE CASE MANAGEMENT SYSTEM.  A case management judge will be assigned by the time this case first comes before a judge.

¨ THIS CASE IS ON THE STANDARD TRACK OF THE CASE MANAGEMENT SYSTEM.  No court date has been set for this case but, if you have been served with a notice of motion, it has a court date and you or your lawyer should come to court for the motion.  A case management judge will not be assigned until one of the parties asks the clerk of the court to schedule a case conference or until a notice of motion under subrule 14 (5) is served before a case conference has been held.  If, after 200 days, the case has not been scheduled for trial, the clerk of the court will send out a warning that the case will be dismissed in 30 days unless the parties file proof that the case has been settled or one of the parties asks for a case conference or a settlement conference.

 

IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an Answer (Form 10 — a blank copy should be attached), serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service (Form 6B).  YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF THIS APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE AN ANSWER.  IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN ORDER AND ENFORCE IT AGAINST YOU.

 

Check this box if this paragraph applies

¨

This case includes a claim for support or for property.  You MUST fill out a Financial Statement (Form 13 — a blank copy attached), serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service even if you do not answer this case.

If you want to make a claim of your own, you or your lawyer must fill out the claim portion in the Answer, serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service.

You should get legal advice about this case right away.  If you cannot afford a lawyer, you may be able to get help from your local Legal Aid office.  (See your telephone directory under LEGAL AID).

 

 

 

Date of issue

 

Clerk of  the court

 

Continued on other side. ®

 

Form 8: Application  (General) (page 2) Court file number ………...

 

 

FAMILY HISTORY

APPLICANT: Age: ………………….. Birthdate: (d,m,y)  .…………………...…………………………………………………….......

Resident in (municipality & province) .………………………………………………………………………………………………...…………......

since (date) ...........................................………………………………………………………………………………………………...…………......

Surname at birth: ……………………………………………….. Surname just before marriage: .……………………………...…..……….…...….

Divorced before? ¨ No. ¨ Yes. (Place and date of previous divorce) ………………………………………………...……...

 

 

 

RESPONDENT: Age: ……………  Birthdate: …………………………………….…...…………...………………………...………

Resident in (municipality & province) ………………………………………………………………………………………………………..……...

since (date) ………………………………………………………………………………………………………………………………………………….…………

Surname at birth:………………………………………………..Surname just before marriage: …………………………………………...……….

Divorced before? ¨ No. ¨ Yes. (Place and date of previous divorce) …………………………………....………………....

 

 

RELATIONSHIP DATES:

¨ Married on (date) ¨ Started living together on (date)

¨ Separated on (date) ¨ Never lived together. ¨ Still living together.

 

 

THE CHILD(REN):

List all children involved in this case, even if no claim is made for these children.

 

Full  Legal  Name

Age

Birthdate

Resident in

(municipality & province)

Now Living with

(name of person and relationship to child)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREVIOUS CASES OR AGREEMENTS

 

Have the parties or the children been in a court case before?

¨ No.  ¨ Yes.  (Attach a summary of court cases — Form 8E.)

Have the parties made a written agreement dealing with any matter involved in this case?

¨ No.  ¨ Yes.  (Give date of agreement.  Indicate which of its terms are in dispute.  Attach an additional page if you need more space.)

 

 

 

Continued on next sheet. ®

 

Form 8: Application  (General) (page 3) Court file number ……..….

 

 

CLAIM BY APPLICANT

I ASK THE COURT FOR THE FOLLOWING:

(Claims below include claims for temporary orders.)

 

 

Claims under the Divorce Act (Canada)

(Check boxes in this column only if you are asking for a divorce and your case is in the Family Court of the Superior Court of Justice.)

Claims under the Family Law Act or Children’s Law Reform Act

Claims relating to property

(Check boxes in this column only if your case is in the Family Court of the Superior Court of Justice.)

00 ¨ a divorce

01 ¨ support for me

02 ¨ support for child(ren)

03 ¨ custody of child(ren)

04 ¨ access to child(ren)

10 ¨ support for me

11 ¨ support for child(ren)

12 ¨ custody of child(ren)

13 ¨ access to child(ren)

14 ¨ restraining/non-harassment order

15 ¨ indexing spousal support

16 ¨ indexing same-sex partner support

17 ¨ declaration of parentage

18 ¨ guardianship over child’s property

20 ¨ equalization of net family properties

21 ¨ exclusive possession of matrimonial home

22 ¨ exclusive possession of contents of matrimonial home

23 ¨ freezing assets

24 ¨ sale of family property

 

 

Other claims

30 ¨ costs

31 ¨ annulment of marriage

32 ¨ prejudgment interest

50 ¨ (Other; specify.)

 

 

 

 

Give details of the order that you want the court to make.  (Include any amounts of support (if known) and the names of the children for whom support, custody or access is claimed.)

 

 

Continued on other side. ®

 

Form 8: Application  (General) (page 4) Court file number ……..….

 

 

IMPORTANT FACTS SUPPORTING MY CLAIM FOR DIVORCE

 

¨ Separation:  The spouses have lived separate and apart since (date) ..………………………………………….……………………….. and

¨ have not lived together again since that date in an unsuccessful attempt to reconcile.

¨ have lived together again during the following period(s) in an unsuccessful attempt to reconcile:  (Give dates.)

 

 

¨ Adultery:  The respondent has committed adultery.  (Give details.  It is not necessary to name any other person involved but, if you do name the other person, then you must serve this application on the other person.)

 

 

 

 

¨ Cruelty:  The respondent has treated the applicant with physical or mental cruelty of such a kind as to make continued cohabitation intolerable.  (Give details.)

 

 

 

IMPORTANT FACTS SUPPORTING MY OTHER CLAIM(S)

(Set out below the facts that form the legal basis for your other claim(s).  Attach an additional page if you need more space.)

 

 

Put a line through any space left on this page.  If additional space is needed, extra pages may be attached

 

 

 

 

 

 

Date of signature

 

Signature of applicant

 

For divorce cases only LAWYER’S CERTIFICATE

 

My name is:

and I am the applicant’s lawyer in this divorce case.  I certify that I have complied with the requirements of section 9 of the Divorce Act (Canada).

 

 

 

 

Date

 

Signature of Lawyer

. . . . .

 

 

Court File Number

 

……...……………………

Form 8D: Application

(Adoption)

By ¨ spouses jointly

 ¨ individual(s)

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

 

 

Respondent(s) (The box below would be used only in a contested adoption case involving one or more step-parents or relatives.)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

 

 

THE APPLICANT(S) ASK FOR AN ORDER FOR THE ADOPTION OF:

 

(full legal name of person to be adopted) …………………………………………………………………………………………….….…………………………

 

The applicant(s) also ask for an order that the person’s name after adoption be:

 

(full legal name of person after adoption) ………………………………………………………………………………………………………….………………

 

 

 

Strike out the box below if it does not apply in this case.

NOTE TO THE RESPONDENTS: You are also being served with a notice of motion to dispense with your consent to this adoption. The details of the motion can be found on the notice of motion and the attached affidavit(s).

 

IF YOU WANT TO OPPOSE THIS ADOPTION, you or your lawyer must prepare one or more affidavits for the motion.  IF YOU DO NOT DO SO, THE COURT MAY DISPENSE WITH YOUR CONSENT WITHOUT YOU AND YOU WILL GET NO FURTHER NOTICE OF THE ADOPTION HEARING.

 

YOU SHOULD GET LEGAL ADVICE ABOUT THIS CASE RIGHT AWAY.  If you cannot afford a lawyer, you may be able to get help from your local Legal Aid office. (See your telephone directory under LEGAL AID).

 

 

 

 

 

 

 

 

 

Date of issue

 

Clerk of the court

. . . . .

 

 

Court File Number

 

……...……………………

Form 10:  Answer

 

(Name of court)

at

 

 

 

 

 

Court office address

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

Name & address of Children’s Lawyer’s agent (street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any)) and name of person represented.

 

 

 

 

TO THE APPLICANT(S):

If you are making a claim against someone who is not an applicant, insert the person’s name and address here.

AND TO:  (full legal name) an added respondent, of

(address of added party)

 

1. I agree with the following claim(s) made by the applicant:  (Refer to the numbers alongside the boxes on page 3 of the application form.)

 

 

 

 

 

2. I do not agree with the following claim(s) made by the applicant:  (Again, refer to the numbers alongside the boxes on page 3 of the application form.)

 

 

 

 

 

3. ¨ I am asking that the applicant’s claim (except for the parts with which I agree) be dismissed with costs.

 

4. ¨ I am making a claim of my own.

(Attach a “Claim by Respondent” page and include it as page 3.  Otherwise, do not attach it.)

 

5. ¨ The FAMILY HISTORY, as set out in the application, ¨ is correct

¨ is not correct

 

(If it is not correct, attach your own FAMILY HISTORY page and underline those parts that are different from the applicant’s version.)

 

 

Continued on other side.  ®

Form 10: Answer (page 2) Court file number ……...….

 

 

6. The important facts that form the legal basis for my position in paragraph 2 is as follows:  (In numbered paragraphs, set out the facts for your position.  Attach an additional sheet and number it if you need more space.)

 

 

Put a line through any space left on this page.

 

 

 

 

 

 

 

Date of signature

 

Respondent’s signature

 

 

Continued on next sheet.  ®

Form 10: Answer (page 3) Court file number ……...….

 

 

 

CLAIM BY RESPONDENT

 

Fill out a separate claim page for each person against whom you are making your claim(s).

 

7. THIS CLAIM IS MADE AGAINST

¨ THE APPLICANT

¨ AN ADDED PARTY, whose name is  (full legal name)

(If your claim is against an added party, make sure that this person's name appears on page 1 of this form.)

 

8. I ASK THE COURT FOR THE FOLLOWING:

(Claims below include claims for temporary orders.)

 

Claims under the Divorce Act (Canada)

(Check boxes in this column only if you are asking for a divorce and your case is in the Family Court of the Superior Court of Justice.)

Claims relating to property

(Check boxes in this column only if your case is in the Family Court of the Superior Court of Justice.)

Claims relating to child protection

00 ¨ a divorce

01 ¨ support for me

02 ¨ support for child(ren)

03 ¨ custody of child(ren)

04 ¨ access to child(ren)

20 ¨ equalization of net family properties

21 ¨ exclusive possession of matrimonial home

22 ¨ exclusive possession of contents of matrimonial home

23 ¨ freezing assets

24 ¨ sale of family property

 

 

40 ¨ access

41 ¨ lesser protection order

42 ¨ return of child(ren) to my care

43 ¨ place child(ren) into care of (name)

……………………………………..

44 ¨ children’s aid society wardship for …………………..months

45 ¨ society supervision of my child(ren)

 

 

 

Claims under the Family Law Act or Children's Law Reform Act

Other claims

10 ¨ support for me

11 ¨ support for child(ren)

12 ¨ custody of child(ren)

13 ¨ access to child(ren)

14 ¨ restraining/non-harassment order

15 ¨ indexing spousal support

16 ¨ indexing same-sex partner support

17 ¨ declaration of parentage

18 ¨ guardianship over child’s property

 

 

 

30 ¨ costs

31 ¨ annulment of marriage

32 ¨ prejudgment interest

 

 

50 ¨ (Other; specify.)

 

 

 

 

Give details of the order that you want the court to make.  (Include any amounts of support (if known) and the names of the children for whom support, custody or access is claimed.)

 

 

Continued on other side.  ®

 

Form 10: Answer (page 4) Court file number …….…...

 

 

 

 

IMPORTANT FACTS SUPPORTING MY CLAIM(S)

 

(In numbered paragraphs, set out the facts that form the legal basis for your claim(s).  Attach an additional page and number it if you need more space.)

 

 

 

 

Put a line through any space left on this page. 

 

 

 

 

Date of signature

 

Respondent’s signature

. . . . .

 

 

Court File Number

 

……...……………………

Form 13A:  Direction to Canada Customs and Revenue Agency

(Name of court)

 

 

 

 

at

 

 

Court office address

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

Lawyer’s name & address  — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

Lawyer’s name & address  — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

TO THE CANADA CUSTOMS AND REVENUE AGENCY:

 

My name is  (full legal name)

My latest address shown on tax records is:

 

 

 

My social insurance number is:

I authorize the Canada Customs and Revenue Agency to release to (name and address of other party or other party’s lawyer)

 

 

copies of income and deduction printouts showing my income as assessed by the Canada Customs and Revenue Agency for the following years:

 

 

 

Ontario’s Family Law Rules require the release of this information which will be used in this case only for:

· a claim for support, property or exclusive possession of the matrimonial home and its contents; or

· any other purpose ordered by the court.

I understand that this information will become part of the court file, which is a public record.

 

 

 

 

 

 

 

 

Date of signature

 

Signature of taxpayer

. . . . .

 

 

Court File Number

 

……...……………………

Form 14C:  Confirmation

(Name of court)

 

at

 

 

Court office address

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality,  postal code, telephone & fax numbers and e-mail address (if any).

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

Name & address of Children’s Lawyer’s agent (street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any)) and name of person represented.

 

 

 

1. My name is  (full legal name)  ….……………………………………………………………………………………………….…………………….…...

and I am ¨ the lawyer for (name)  …...…………………………………………………………………………………………………….……….

¨ (Other. Specify.)  ………………………………………………………………………………………………………………………...

2. I have ¨ not been able to contact the opposing lawyer or party in this case to confirm the matters set out in paragraphs 3 to 7 below because:  (Give reason for inability to contact other side).

¨ contacted the opposing lawyer or party and have confirmed the matters set out in paragraphs 3 to 7 below.

3. The scheduled date and time for this

¨ motion ¨ case conference ¨ settlement conference ¨ trial management conference

is (date)  ………………………………………  at ……………. am/pm.

(complete only if motion is being confirmed)

¨ A case conference was held on the issues in this motion before Justice ………………………………………………………..……...

¨ A case conference has not been held on the issues in this motion.

4. This matter is going ahead

¨ on all the issues.

¨ on only the following issues:  (Specify.) ………………………………………………………………………………………………………...…

¨ for a consent order regarding: (Specify.) ………………………………………………………………………………………….…………...…...

¨ for an adjournment on consent to (date) ………………………………………………………………………………………...……... because

(Give reason.)  ………………………………………………...………………………………………….……………………………….…………..

¨ for a contested adjournment to (date) …………………………………………………………..…………………………………..…. asked for

by (name of person asking for adjournment) ……………………………………..…………………………………………………….. because

(Give reason.) …………………………………………………………………………………………………………………………………….………

5. The judge should read pages/tabs …………………………………………………………………………....……. of the continuing record.

6. Total time estimate: applicant: …………minutes; respondent …………minutes; for a total of ………minutes.

7. The case management judge for this case is Justice ……………………………………………………………………………………….....

 

 

Date of signature

 

Lawyer’s or party’s signature

. . . . .

 

 

 

Court File Number

 

……...……………………

Form 15:  Change Information Form (motion to change child support)

(Name of court)

 

 

at

 

 

Court office address

 

Recipient(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

Payor

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

 

 

PART 1 — GENERAL INFORMATION

(This part should be filled out to the best ability of the party asking for a change in a child support order.)

My name is  (full legal name)

I live in  (municipality & province)

and I swear/affirm that the following is true:

1. I am the ¨ support recipient. ¨ support payor.

2. The payor, (payor’s full legal name) ……………………………………………………………………………………...………………….

was born on (date of birth) …………………………………………………...………………………..., lives in (municipality & province)

and, at the present time, is ¨ married ¨ living in a spousal relationship ¨ (Other.  Specify.)

¨ separated ¨ living in a same-sex

partner relationship

3. The recipient, (recipient’s full legal name) …………………………………………………………………………...……………………...

was born on (date of birth) ………………………………………..…………………………...………., lives in (municipality & province)

and, at the present time, is ¨ married ¨ living in a spousal relationship ¨ (Other.  Specify.)

¨ separated ¨ living in a same-sex
partner relationship

4. The payor and the recipient:

¨ were married on (date) ¨ started living together on (date)

¨ separated on (date) ¨ never lived together.

5. The following chart gives basic information about the child(ren) in this case:

List all children involved in this case, even those for whom no support is being claimed.

 

Child’s full
legal name

Age

Birthdate

Lives in
(municipality & province)

Now living with
(name of person and relationship to child)

Support claimed for child?
(YES or NO)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Continued on other side. ®


Form 15: Change Information Form
(motion to change child support) (page 2)
Court file number …….....….

 

 

Child’s full
legal name

Age

Birthdate

Lives in
(municipality & province)

Now living with
(name of person and relationship to child)

Support claimed for child?
(YES or NO)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6. The access arrangements for the child(ren) are as follows:

Child’s name

Access arrangement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7. I attach a copy of the existing ¨ court order

¨ agreement

 

that deals with the child support to be varied.  The details of this order/agreement are as follows:

Date of order or Agreement

Present child support payment

Other terms of child support
(such as cost-of-living increases)

Present support payment (if any) for spouse or same-sex partner

 

 

 

$............................... ,

per ………………………….

 

 

 

 

$............................... ,

per ………………………….

8. The payment status of this order/agreement as of today is as follows:

 

Child support
owed to recipient

Child support
owed to other(s)
(such as Ministry of Community & Social Services)

Spousal or same-sex partner support owed to recipient

Spousal or same-sex partner support owed to other(s) (such as Ministry of Community & Social Services)

 

 

$ ……………….….…...

 

 

$ ……………………………...

 

 

$ ……………………………...

 

 

$ ……………………..……...

 

 

(If money is owing, attach a statement of money owed (Form 26)).

9. This order/agreement ¨ has never been

¨ has been

assigned to ¨ the Ontario Ministry of Community and Social Services

¨ the municipality of (name)

¨  (Other.  Specify.)

The details of this assignment are (Give date of assignment, indicate whether it is still in effect and add any other information known to you.)

 

 

Continued on next sheet. ®


Form 15: Change Information Form
(motion to change child support) (page 3)
Court file number …….…..

 

 

10. I am asking to change the child support in the order/agreement because:

¨ the order/agreement was made before the applicable child support guidelines came into effect.

¨ a change in circumstances has taken place.  (Give details of change in circumstances.)

 

 

 

11. I ask that the child support be calculated as follows:

¨ the basic table amount listed in the child support guidelines of (give a dollar amount where possible)  $ ………………. per month for the (number of children) ………. child(ren) on the basis of the payor’s total annual income of (give a dollar amount where possible) $……………. , with payments to begin on (date) …………………………. .

¨ the following special or extraordinary expenses (add-ons):

 

Child’s name

Type of expense

Amount

Payor’s share

Child’s contribution

Termination date (if known)

 

 

$

 

 

 

 

 

 

 

 

¨ an amount of $ …………… per month, which is different from the table amount listed in the child support guidelines, with payments to start on (date) ………………………………………………………...…………………………………………………………………

The reason(s) for my request for a different amount is/are that:

¨ the parties consent to a different amount.

¨ I have attached a separate sheet to this form that explains why this is a reasonable arrangement for the child(ren).

¨ The recipient is getting social assistance payments from a public agency whose consent to this arrangement is needed.  I am attaching the agency’s consent to this form.

 

¨ as can be seen from paragraphs 5 and 6 above, the parties have shared custody to the child(ren) (the payor has a child at least 40 per cent of the time).

¨ I have attached a separate sheet to this form that compares the table amounts from the child support guidelines for each of

the parties and that shows the increased cost of the shared custody arrangement and shows the financial circumstances of each party and of each child for whom support is claimed.

¨ The parties are consenting to this arrangement and I have attached a separate sheet to this form that explains why this is a

reasonable arrangement for the child(ren).

 

¨ as can be seen from paragraph 5 above, custody of the child(ren) is split between the parties.  I have attached a separate sheet to this form that calculates the difference between the amount that each party would otherwise pay to the other under the guidelines.

¨ a child is 18 or more years old and I attach to this form a separate sheet that calculates the amount of support for this child.

¨ a child contributes to his/her own support and I attach to this form a separate sheet showing the amount of the child’s own income.

¨ the payor’s annual income is over $150,000 and I have attached to this form a separate sheet that calculates the amount of support that I want to be put in an order

¨ under the order/agreement, (name of child) ……………………………………………………. is the subject of special provisions

that I have detailed on a separate sheet that I have attached to this form.

¨ the payor stands in the place of a natural parent to (name of child) ……………………………………………… and I attach to this form a separate sheet that gives the details of another parent’s duty to pay support for this child as well as the details of the calculation of the amount of support requested.

¨ the amount listed in the child support guidelines would cause undue hardship to me or to the child(ren) for whom support is claimed.  I attach to this form a separate sheet that compares the living standards of the parties.

 

 

 

 

 

 

 

 

 

 

Continued on other side. ®

Form 15: Change Information Form
(motion to change child support) (page 4)
Court file number ……..…..

 

 

12. I ask that the child support owed be paid off as follows:

¨ the child support owed to (name of recipient) …………………….…………………………...…..… should be fixed at $ …….…….…

as of (date) ………………… and to be paid off at the rate of $ ……..…… per month, with payments to begin on (date) ……………....

¨ the child support owed to (name of agency or other person) ………………….……..……………… should be fixed at $ ….….………

as of (date) ………………  and to be paid off at the rate of $ ………… per month, with payments to begin on (date) .…………….……

 

Sworn/Affirmed before me at ………………………….……...…………………………………………...

municipality

in ………………………………….....……………………………………………………………………...

province, state or country

 

on ………….…………………………………….

date

 

Signature

(This form is to be signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits.)

Commissioner for taking affidavits

(Type or print name below if signature is illegible).

 

PART 2 — INFORMATION FROM SUPPORT PAYOR

 

My name is  (full legal name)

 

I live in  (municipality & province)

 

and I swear/affirm that the following is true:

 

13. I am the support payor in this case.

 

14. My total income will be $ …………………. for this year.

 

15. On the basis of my annual income, the table amount from the child support guidelines for (number of children) ………..…… child(ren) is

$ ………………. per month.

 

16. My financial statement ¨ is attached ¨ is not attached.

(NOTE: You do not need to attach a financial statement if you and the other party have filled out the appropriate portion of the consent (Form 15A) and have agreed not to file a financial statement.  Nevertheless, because the child support guidelines have a new way of computing the amount of child support, YOU MUST PROVIDE THE COURT WITH NEW ADDITIONAL INFORMATION.  That amount is set out in a table that is geared to the payor’s annual income and to the number of children who are entitled to support.  Under certain conditions, the annual income of the recipient may also be taken into account, in which case, the recipient will have to provide the court with the same additional information in paragraphs 19 and 20 below.)

 

17. I attach the following financial information about me:

(a) a copy of every personal income tax return that I filed with Revenue Canada for the 3 most recent taxation years;

(b) a copy of every notice of assessment or re-assessment from Revenue Canada of those returns; and

(c) ¨  (applies only if you are an employee)  proof of this year’s earnings from my employer as required by clause 21 (1) (c) of the child support guidelines.

¨  (applies only if you are self-employed, or you are a partner in a partnership or you control a corporation or are a beneficiary under a trust)  the documents listed in clause 21 (1) (d), (e), (f) or (g) of the child support guidelines.

 

Sworn/Affirmed before me at ……………………………………………………………………………...

municipality

in …………………………………………………………………………………………………………...

province, state or country

 

on ……………………………………………….

date

 

Signature

(This form is to be signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits.)

Commissioner for taking affidavits

(Type or print name below if signature is illegible.)

 

Continued on next sheet. ®

Form 15: Change Information Form
(motion to change child support) (page 5)
Court file number ...……….

 

 

 

PART 3 — INFORMATION FROM SUPPORT RECIPIENT

 

Because the child support guidelines have a new way of computing the amount of child support, YOU MUST PROVIDE THE COURT WITH NEW ADDITIONAL INFORMATION.  That amount is set out in a table that is geared to the payor’s annual income and to the number of children who are entitled to support.  Under certain conditions, the annual income of the recipient may also be taken into account, in which case, the recipient will have to provide the court with the same additional information in paragraphs 19 and 20 below.

 

My name is  (full legal name)

 

I live in  (municipality & province)

 

and I swear/affirm that the following is true:

 

18. I am the support recipient in this case.

 

Fill in paragraphs 19 and 20 only if:

 

 

¨ the change for which you are asking is for an amount that is different from that calculated under the appropriate table in the child support guidelines;

¨ the change for which you are asking relates to a child over the age of 18 years, a child for whom the payor stands in the place of a parent or a child with respect to whom the payor has access or physical custody not less than 40 per cent of the time over the course of the year,

¨ each party has custody of one or more children;

¨ the payor’s annual income as determined under the guidelines is more than $150,000

¨ either party claims that an order according to the guidelines amount would result in undue hardship.

 

19. My total income

¨ will be $ ………………….. for this year;

¨ was $ …………………….. for last year; and

¨ was $ …………………….. for the year before that.

 

20. I attach the following financial information about me:

(a) a copy of every personal income tax return that I filed with Revenue Canada for the three most recent taxation years;

(b) a copy of every notice of assessment or re-assessment from Revenue Canada of those returns; and

(c) ¨ [applies only if you are an employee] proof of this year’s earnings from my employer as required by clause 21 (1) (c) of the child support guidelines.

¨ [applies only if you are self-employed, or you are a partner in a partnership or you control a corporation or are a beneficiary under a trust] the documents listed in clause 21 (1) (d), (e), (f), or (g) of the child support guidelines.

 

21. My financial statement ¨ is attached ¨ is not attached.

(NOTE:  You do not need to attach a financial statement if you and the other party have signed a consent in Form 15A.)

 

Sworn/Affirmed before me at ……………………………………………………………………………...

municipality

in …………………………………………………………………………………………………………...

province, state or country

 

on ………………………………………………….

date

 

Signature

(This form is to be signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits.)

Commissioner for taking affidavits

(Type or print name below if signature is illegible.)

 

 

10. Forms 17, 17A, 17B and 17C of the Regulation are revoked and the following substituted:

 

 

 

Court File Number

 

……...……………………

Form 17: 
Conference
Notice

(Name of court)

at

 

 

 

 

Court office address

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

Name & address of Children’s Lawyer’s agent (street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any)) and name of person represented.

 

 

 

 

TO:  (name of party or parties or lawyer(s))

A ¨ CASE CONFERENCE ¨ SETTLEMENT CONFERENCE ¨ TRIAL MANAGEMENT CONFERENCE

WILL BE HELD at (place of conference)  ……………………………………………………………………………..…………….……………..

at  …………  a.m./p.m. on (date) …………………………………………………...………………………………………………………………

The conference has been arranged at the request of

¨ the applicant ¨ the respondent

¨ the case management judge ¨ (Other; specify.) ………………………………….…….……….…………………………

to deal with the following issues:

You must participate at that time and date by

¨ coming to court at the address set out above.

¨ video-conference or telephone at (location of video terminal or telephone) ………….……...……………………………………..…………..

 

as agreed under arrangements already made by (name of person) ……………………………………………………………………….

for video/telephone conferencing

IF YOU DO NOT PARTICIPATE AS SET OUT ABOVE, THE CASE MAY GO ON WITHOUT YOU OR THE COURT MAY DISMISS THE CASE.

 

 

 

Date of signature

 

Signature of clerk of the court

 

NOTE: The party requesting the conference (or, if the conference is not requested by a party, the applicant) must serve and file a case conference brief (Form 17A or 17B), settlement conference brief (Form 17C or 17D) or trial management conference brief (Form 17E) not later than seven days before the date scheduled for the conference. The other party must serve and file a brief not later than four days before the conference date.  Each party must also file a confirmation (Form 14C) not later than 2 p.m. two days before the conference.

 

 

Court File Number

 

……...……………………

Form 17A:
Case Conference Brief - General

(Name of court)

 

 

 

at

 

 

Court office address

 

Name of party filing this brief

 

Date of case conference

 

 

 

 

 

 

 

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

Name & address of Children’s Lawyer’s agent (street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any)) and name of person represented.

 

 

 

 

 

—PART 1: FAMILY FACTS —

1. APPLICANT: Age:  ……………….…….  Birthdate:  ………………………………………………..….………………………..……

2. RESPONDENT: Age:  .…………….…....…  Birthdate:  ..………………………………………….….…….……………………………

3. RELATIONSHIP DATES:

¨ Married on (date) ¨ Started living together on (date)

¨ Separated on (date) ¨ Never lived together.

¨ Other (Explain.)

 

4. The basic information about the child(ren) is as follows:

 

Child’s full legal name

Age

Birthdate

(day, month, year)

Grade/Year and school

Now living with

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Continued on other side. ®

 

Form 17A:  Case Conference Brief - General (page 2) Court file number …….…...

 

 

— PART 2: ISSUES —

 

 

5. What are the issues in this case that HAVE been settled:

¨ child custody ¨ spousal support ¨ ownership of property

¨ access ¨ same-sex partner support ¨ possession of home

¨ restraining order ¨ child support ¨ equalization of net family property

 

¨ (Other.  Specify.) ………………………………………………………………………………………………………………………......

 

6. What are the issues in this case that have NOT yet been settled:

¨ child custody ¨ spousal support ¨ ownership of property

¨ access ¨ same-sex partner support ¨ possession of home

¨ restraining order ¨ child support ¨ equalization of net family property

(Attach net family property statement, Form 13B)

¨ (Other.  Specify.) …………………………………………………………………………………………………………..………………

 

7. If child or spousal or same-sex partner support is an issue, give the income of the parties:

 

Applicant: $ ………………. per year for the year 20 ……..

Respondent:  $ ………………. per year for the year 20 ……..

 

8. Have you explored any ways to settle the issues that are still in dispute in this case?

¨ No ¨ Yes.  (Give details.)

 

 

9. Have any of the issues that have been settled been turned into a court order or a written agreement?

¨ No

¨ Yes ¨ an order dated ……………………..

¨ a written agreement that is attached.

 

10. Have the parents attended a family law or parenting education session?

¨ No.  (Should they attend one? ………… .)

¨ Yes. (Give details.)

 

 

— PART 3: ISSUES FOR THIS CASE CONFERENCE —

 

 

11. What are the issues for this case conference?  What are the important facts for this case conference?

 

 

 

Continued on next sheet. ®

 


Form 17A:  Case Conference Brief - General (page 3) Court file number ……...….

 

 

12. What is your proposal to resolve these issues?

 

13. Do you want the court to make a temporary or final order at the case conference about any of these issues?

¨ No. ¨ Yes.   (Give details.)

 

— PART 4:  FINANCIAL INFORMATION —

 

NOTE:If a claim for support has been made in this case, you must serve and file a new financial statement (Form 13), if it is different from the one filed in the continuing record or if the one in the continuing record is more than 30 days old. If there are minor changes but no major changes in your financial statement, you can serve and file an affidavit with details of the changes instead of a new financial statement.  If you have not yet filed a financial statement in the continuing record, you must do it now.  The page/tab number of the financial statement in the continuing record is …………

 

14. If a claim is being made for child support and a claim is made for special expenses under the child support guidelines, give details of those expenses or attach additional information.

 

15. If a claim is made for child support and you claim that the child support guideline table amount should not be ordered, briefly outline the reasons here or attach an additional page.

 

 

 

 

 

 

 

 

 

Continued on other side. ®

 

 


Form 17A:  Case Conference Brief - General (page 4) Court file number …..…...….

 

 

 

— PART 5:  PROCEDURAL ISSUES —

 

 

16. If custody or access issues are not yet settled:

(a) Is a custody or access assessment needed?

¨ No. ¨ Yes.  (Give names of possible assessors.) 

 

(b) Does a child or a parent under 18 years of age need legal representation from the Office of the Children’s Lawyer?

¨ No. ¨ Yes.  (Give details and reasons.)

 

17. Does any party need an order for the disclosure of documents, the questioning of witnesses, a property valuation or any other matter in this case?

¨ No. ¨ Yes. (Give details.) 

 

18. Are any other procedural orders needed?

¨ No. ¨ Yes. (Give details.) 

 

19. Have all the persons who should be parties in this case been added as parties?

¨ Yes. ¨ No.  (Who needs to be added?) 

 

20. Are there any other issues that should be reviewed at the case conference?

¨ No. ¨ Yes.  (Give details.) 

 

 

 

 

 

 

 

 

 

Date of  party’s signature

 

 

 

 

 

 

Signature of party

 

 

 

 

 

Date of lawyer’s signature

 

Signature of  party’s lawyer

 

 

Court File Number

 

……...……………………

Form 17B: Case

Conference Brief for

¨ Protection Application

¨ Status Review

(Name of court)

at

 

 

 

 

 

Court office address

 

 

Name of party filing this brief

 

Date of case conference

 

 

 

 

 

 

 

 

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

Name & address of Children’s Lawyer’s agent (street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any)) and name of person represented.

 

 

 

 

 

 

 

 

 

Continued on other side. ®

Form 17B:   Case Conference Brief for

Protection Application or Status Review (page 2) Court file number …..…...….

 

 

—  PART 1:  BASIC INFORMATION ABOUT THE CHILD(REN) —

 

 

1. The basic information about the child(ren) is as follows:

\

Child’s full legal name

Age

Birthdate

(day, month, year)

Full legal name of every parent of child and relationship to child

(See subsection 37 (1) of the Child and Family Services Act.)

Date of

apprehension

of child

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Where is the child living at the time of this conference?

3. What is the total length of time that any child less than six years old has been in care? (Attach more detail if necessary.)

Name of child  ……………………………………………………..…………. Total length of time ………………………………………..

4. What is the total length of time any child six years old or more has been in care? (Attach more details if necessary.)

Name of child  ………………………………………………………. Total length of time …………….…………………….……………..

5. What religious faith, if any, is the child being raised in? (Give the name of the child and the child’s religion.)

6. Is any child an Indian or native person?

¨ No. ¨ Yes.  (Give the name, address, band number and telephone number of the band to which the child belongs.)

7. If the child was brought to a place of safety before the hearing, name the person from whose care and the place from which the child was removed.

8. Has everyone who is entitled to notice in this case been served?

¨ Yes. ¨ No.  (Do you want an order for substituted service on any person or an order that service is not required?

Give details.) 

 

—  PART 2:  OUTSTANDING ISSUES —

 

(Complete only Part 2A – Protection Application or Part 2B – Status Review, not both)

Part 2A – Protection Application

9. The parties have reached an agreement or the court has made an order on the following issues:

¨ findings of fact set out in Part 1 above

¨ temporary care and custody ¨ access

¨ finding that child is in need of protection

¨ placing the child(ren) with (name of person)  ………………………………………………………………………………...

for  ……………………… months under supervision.

¨ society wardship for …………  months. ¨ Crown wardship with access

¨ (Other.  Specify.) ¨ Crown wardship without access

 

Continued on next sheet. ®

 

Form 17B: Case Conference Brief for

Protection Application or Status Review (page 3) Court file number …….....….

 

 

The details of this agreement or order are:

 

10. What are the issues in this case that have NOT yet been resolved?

¨ findings of fact set out in Part 1 above

¨ temporary care and custody ¨ access

¨ finding that child is in need of protection

¨ placing the child(ren) with (name of person)  ……………………………………………………………………………..….…………...

for  ……………..  months under supervision.

¨ society wardship for …………  months. ¨ Crown wardship with access

¨ (Other.  Specify.) ¨ Crown wardship without access

 

 

Part 2B - Status Review

 

 

11. The parties have reached an agreement or the court has made an order on the following issues:

¨ temporary care and custody ¨ access

¨ placing the child(ren) with (name of person)  …………………………………………………………………………………….…….....

for  …………………..  months under supervision.

¨ society wardship for …………  months. ¨ Crown wardship with access

¨ (Other.  Specify.) ¨ Crown wardship without access

 

The details of this agreement or order are:

 

12. What are the issues in this case that have NOT yet been resolved?

¨ temporary care and custody ¨ access

¨ placing the child(ren) with (name of person)  ……………………………………………………………………………………....……..

for  …………………….  months under supervision.

¨ society wardship for …………  months. ¨ Crown wardship with access

¨ (Other.  Specify.) ¨ Crown wardship without access

 

— PART 3: ISSUES FOR THIS CASE CONFERENCE —

 

13. Have you explored any ways to settle the issues that are still in dispute in this case?

¨ No. ¨ Yes.   (Give details.)

 

 

14. What are the issues for this case conference? What are the important facts for this case conference?

 

 

 

Continued on other side. ®

 

Form 17B: Case Conference Brief for

Protection Application or Status Review (page 4) Court file number ….……….

 

 

 

15. What is your proposal to resolve these issues?

 

 

— PART 4:  PROCEDURAL ISSUES —

 

 

16. Does the children’s aid society want an assessment?

¨ No. ¨ Yes.  (Give names of possible assessors and the type of assessment recommended.)

 

17. Do the other parties agree with the children’s aid society’s proposal for an assessment?

¨ No. ¨ Yes.

 

18. Have you served a plan of care on the other parties?

¨ No. ¨ Yes.  (A copy of the plan of care must be filed in the continuing record.)  The plan can be found at tab/page  …………

 of the continuing record.

 

19. Does a child or a parent under 18 years of age need legal representation from the Office of the Children’s Lawyer?

¨ No. ¨ Yes.  (Give details and reasons.)

 

20. Do you want an order for the disclosure of documents, the questioning of witnesses or any other matter in this case?

¨ No. ¨ Yes.  (Give details.)

 

 

 

 

Date of  party’s signature

 

 

 

Signature of party

 

Date of lawyer’s signature

 

Signature of  party’s lawyer

 

 

(Name of court)

 

 

at __________________________________________________________________

Court office  address

 

Court File Number

.................................

Form 17C: Settlement

Conference Brief - General

Name of party filing this brief

 

Date of settlement conference

 

 

 

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax and e‑mail address (if any).

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax and e‑mail address (if any).

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

 

Name & address of Children’s Lawyer’s agent assigned to case — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

—— PART 1:  FAMILY FACTS ——

 

1. APPLICANT:

Age: ...................

Birthdate: ..............................................

2. RESPONDENT:

Age: ...................

Birthdate: ..............................................

3. RELATIONSHIP DATES:

 

 

¨

Married on (date)

¨

Started living together on (date)

¨

Separated on (date)

¨

Never lived together.

¨

Other (Explain.)

4. The basic information about the child(ren) is as follows:

 

 

Child’s full legal name

Age

Birthdate

(day, month, year)

Grade/Year and school

Now living with

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Continued on other side. ®

 

Form 17C: Settlement Conference Brief - General (page 2) Court file number …………..

 

 

 

——  PART 2:  ISSUES ——

If you want to refer to anything else that is not in the continuing record and that does not need to be in the continuing record, you must attach it to this brief.  In particular, attach any valuations or experts’ reports that are not in the record.

If you want to refer to a report or document that has already been filed in the continuing record, just give the page number(s) or tab number of that document in the continuing record.

If you are updating a document that is already in the continuing record, you must file the updated document in the continuing record and then refer to it by the page number(s) or tab numbers of that update in the continuing record

 

 

5.

What are the issues in this case that HAVE been settled or about which an order has been made:

 

¨

child custody

¨

spousal support

¨

ownership of property

 

¨

access

¨

same-sex partner support

¨

possession of home

 

¨

restraining order

¨

child support

¨

equalization of net family property

 

 

 

 

 

 

 

 

¨

(Other.  Specify.) ...........................................................................................................................................................................................

 

 

 

 

 

 

 

6.

What are the issues in this case that have NOT yet been settled:

 

¨

child custody

¨

spousal support

¨

ownership of property

 

¨

access

¨

same-sex partner support

¨

possession of home

 

¨

restraining order

¨

child support

¨

equalization of net family property

 

 

 

 

 

 

(Attach net family property statement, Form 13B.),

 

 

 

 

 

 

 

 

¨

(Other.  Specify.) ...........................................................................................................................................................................................

 

 

 

7.

If child or spousal or same sex partner support is an issue, give the income of the parties:

 

Applicant: $ ………...….

per year for the year 20…..

 

Respondent: $ ………...….

per year for the year 20…..

8.

What are the issues for this settlement conference? What are the important facts for this settlement conference?

9.

Do you want the court to make a temporary or final order about any of these issues at the settlement conference?

 

¨ No

¨ Yes.  (Give details.)

 

 

 

 

 

 

 

Continued on next sheet.   ®

 

 

Form 17C: Settlement Conference Brief - General (page 3) Court file number  .....................

 

 

 

10.

Have any of the issues that have been settled been turned into a court order or a written agreement?

 

¨

No

 

 

 

¨

Yes

¨

an order dated ....................................................................................................................................................

 

 

 

¨

a written agreement, which is attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

—— PART 3:  PROCEDURAL MATTERS ——

 

11.

If there is a custody or access assessment in this case, is it finished?

 

¨

Yes.  (If it is not already filed in the continuing record, file it now.  Give the tab/page number(s) of the assessment:  .......................................)

 

¨

No.  (Explain why the assessment is not ready.)

12.

If the Children’s Lawyer is involved in this case, has the Children’s Lawyer told the parties what its position is on the issues involving the children?

 

¨

Yes.  (What is the Children’s Lawyer’s position. Explain below.)

 

¨

No.  (Explain below.)

13.

Have the parties finished the disclosing of documents and the questioning of witnesses?

 

¨

Yes.

 

¨

No.  (State what hasn’t been done.)

14.

Are there any further procedural orders needed in this case?

 

¨

No.

 

¨

Yes.  (Explain.) 

15.

I estimate that the trial time needed for my part of this trial is…..............……... days; the other side’s part of this trial is……............. days.

 

 

 

 

 

 

Continued on other side.  ®

 

Form 17C: Settlement Conference Brief - General (page 4) Court file number …………….

 

 

 

——— PART 4: OFFER  TO  SETTLE ———

 

16.

The following is my offer to settle the outstanding issues in this case:

 

¨

offer to settle all issues

¨

offer to settle some of the issues

 

NOTE:— If you have already made an offer and it is still open for acceptance, attach a copy to this brief.

If you have not made an offer to settle, you must make one here. If you do not have enough information about all the issues, make a partial offer on those issues for which you do have enough information.

The other side can accept your offer. And if the other side does accept it, the accepted offer becomes a binding contract and can be turned into a court order that can be enforced against you. The other side can make a counter-offer.

In your offer for child support, give detailed calculations for any claim for special expenses or for undue hardship. If your offer deals with spousal or same sex-partner support, it will be helpful to your case if you attach detailed calculations showing the effect of income tax on any proposed support order.

 

Put a line through any space left on this page.  If additional space is needed, extra pages may be attached.

 

 

 

Date of party’s signature

 

Signature of party

 

 

 

Date of lawyer’s signature

 

Signature of party’s lawyer

 

 

(Name of court)

 

 

 

at _________________________________________________________________

Court office address

 

Court File Number

...................................

Form 17D: Settlement

Conference Brief for

¨ Protection Application

¨ Status Review

 

Name of party filing this brief

 

Date of settlement conference

 

 

 

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

 

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

 

 

 

 

 

 

 

 

 

 

Name & address of Children’s Lawyer’s agent (street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any)) and name of person represented.

 

Continued on other side.  ®

Form 17D: Settlement Conference Brief for

Protection Application or Status Review (page 2) Court file number …………….

 

 

——  PART 1:  BASIC INFORMATION ABOUT THE CHILD(REN)  ——

1.

The basic information about the child(ren) is as follows:

Child’s full legal name

Age

Birthdate

(day, month, year)

Full legal name of every parent of child and relationship to child

(See subsection 37 (1) of the
Child and Family Services Act.)

Date of

apprehension

of child

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

Where is the child living at the time of this conference?

3.

What is the total length of time that any child less than six years old has been in care? (Attach more detail if necessary.)

Name of child  ……………………………….........…..…….........….

Total length of time  ....……......……......................……….........

4.

What is the total length of time any child six years old or more has been in care? (Attach more details if necessary.)

Name of child  ..……………………………………………………….

Total length of time  ……………….................................…..….

5.

Is any child an Indian or native person?

 

¨

No.

¨

Yes.  (Give the name, address, band number and telephone number of the band to which the child belongs.)

6.

What religious faith, if any, is the child being raised in? (Give the name of the child and the child’s religion.)

7.

If the child was brought to a place of safety before the hearing, name the person from whose care and the place from which the child was removed.

8.

Has everyone who is entitled to notice in this case been served?

 

¨

Yes.

¨

No.  (Do you want an order for substituted service on any person or an order that service is not required?

 

Give details.)

 

Continued on next sheet.  ®

 

Form 17D: Settlement Conference Brief for

Protection Application or Status Review (page 3) Court file number …………..

 

 

———  PART 2:  OUTSTANDING  ISSUES  ———

NOTE:—  if you want to refer to a report or document that has already been filed in the continuing record, just give the page number(s) or tab number of that document in the continuing record.  If you are updating a document that is already in the continuing record, you must file the updated document in the continuing record and then refer to it by the page number(s) or tab numbers of that update in the continuing record.  If you want to refer to anything else that is not in the continuing record and that does not need to be in the continuing record, you must attach it to this brief.

 

 

 

(Complete only Part 2A - Protection Application or Part 2B - Status Review, not both)

 

Part 2A - Protection Application

9.

The parties have reached an agreement or the court has made an order on the following issues:

 

¨

findings of fact set out in Part 1 above

 

 

 

¨

temporary care and custody

¨

access

 

¨

finding that child is in need of protection

 

 

 

¨

placing the child(ren) with (name of person)  ...........................................................................................................................................
for  ............. months under supervision.

 

¨

society wardship for  ………..  months.

¨

Crown wardship with access

 

¨

(Other.  Specify.)

¨

Crown wardship without access

 

The details of this agreement or order are:

10.

What are the issues in this case that have NOT yet been resolved?

 

¨

findings of fact set out in Part 1 above

 

 

 

¨

temporary care and custody

¨

access

 

¨

finding that child is in need of protection

 

 

 

¨

placing the child(ren) with (name of person) .............................................................................................................................................
for ............... months under supervision.

 

¨

society wardship for  ………..  months.

¨

Crown wardship with access

 

¨

(Other.  Specify.)

¨

Crown wardship without access

 

Part 2B - Status Review

 

 

11.

The parties have reached an agreement or the court has made an order on the following issues:

 

¨

temporary care and custody

¨

access

 

¨

placing the child(ren) with (name of person) ............................................................................................................................................
for ............... months under supervision.

 

¨

society wardship for  ………..  months.

¨

Crown wardship with access

 

¨

(Other.  Specify.)

¨

Crown wardship without access

 

The details of this agreement or order are:

12.

What are the issues in this case that have NOT yet been resolved?

 

¨

temporary care and custody

¨

access

 

¨

placing the child(ren) with (name of person) .............................................................................................................................................
for ............... months under supervision.

 

¨

society wardship for  ………..  months.

¨

Crown wardship with access

 

¨

(Other.  Specify.)

¨

Crown wardship without access

 

 

 

 

Continued on other side.  ®

Form 17D: Settlement Conference Brief for

Protection Application or Status Review (page 4) Court file number ………….….

 

 

——  PART 3:  PROCEDURAL ISSUES  ——

 

13.

If there is an assessment in this case, is it finished?

 

¨

Yes.  (If it is not already filed in the continuing record, file it now.  Give the tab/page number(s) of the assessment:  ......................................)

 

¨

No.  (Explain why the assessment is not ready.)

14.

If the Children’s Lawyer is involved in this case, has the Children’s Lawyer told the parties what its position is on the issues involving the children?

 

¨

Yes.  (What is the Children’s Lawyer’s position? Explain below.)

 

¨

No.  (Explain below.)

15.

Have you served and filed a plan of care?

 

¨

No.

¨

Yes.  (A copy of the plan of care must be filed in the continuing record.)  The plan can be found at tab/page ……… of the continuing record.

16.

Have the parties finished the disclosing of documents and the questioning of witnesses?

 

¨

Yes.

 

¨

No.  (State what hasn’t been done.)

17.

Are there any further procedural orders needed in this case?

 

¨

No.

 

¨

Yes.  (Explain.)

18.

Has an order been made for affidavit evidence at trial? (Give details).

 

 

 

 

Continued on next sheet. ®

Form 17D: Settlement Conference Brief for

Protection Application or Status Review (page 5) Court file number …………….

 

 

——— PART 4:  OFFER TO SETTLE ———

 

19.

The following is my offer to settle the outstanding issues in this case:

If you have already made an offer and it is still open for acceptance, attach a copy to this brief.

If you have not made an offer to settle, you must make one here. If you do not have enough information about all the issues, you must  make a partial offer on those issues for which you do have enough information.

The other side can accept your offer. And if the other side does accept it, the accepted offer becomes a binding contract and can be turned into a court order that can be enforced against you. The other side can make a counter-offer.

 

 

 

 

 

 

 

 

 

 

 

 

Put a line through any space left on this page.  If additional space is needed, extra pages may be attached.

 

 

 

 

Date of party’s signature

 

Signature of party

 

 

 

Date of lawyer’s signature

 

Signature of party’s lawyer

 

 

Court File Number

 

……...……………………

Form 17E: Trial

Management

Conference Brief

(Name of court)

at

 

 

 

 

 

Court office address

Name of party filing this brief

 

Date of trial management conference

 

 

 

 

 

 

 

 

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any).

 

 

Name & address of Children’s Lawyer’s agent (street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any)) and name of person represented.

 

 

 

 

 

— PART  1:  THE  ISSUES —

1. What are the issues in this case that HAVE been settled or about which an order has been made:

Child protection cases

 

¨ access ¨ finding in need of protection

¨ placing the child(ren) with (name of person)  …………………………………………………………………….…………..

for  ………………  months under supervision.

¨ society wardship for  …………months. ¨ Crown wardship.

¨ (Other.  Specify.)…………………………………………………………………………………………………………………………….

All other cases

¨ child custody ¨ spousal support ¨ ownership of property

¨ access ¨ same-sex partner support ¨ possession of home

¨ restraining order ¨ child support ¨ equalization of net family property

¨ (Other.  Specify.)…………………………………………………………………………………………………………………………….

Attach a copy of any agreement that the judge should read to prepare for the trial management conference.

2. What are the issues in this case that have NOT yet been settled:

Child protection cases

¨ access ¨ finding in need of protection

¨ placing the child(ren) with (name of person)  ………………………………………………………………………………..

for  ………………  months under supervision.

¨ society wardship for  ………….. months. ¨ Crown wardship.

¨ (Other.  Specify.)…………………………………………………………………………………………………………………………….

All other cases

¨ child custody ¨ spousal support ¨ ownership of property

¨ access ¨ same-sex partner support ¨ possession of home

¨ restraining order ¨ child support ¨ equalization of net family property

(Attach net family property statement, Form 13B.)

¨ (Other.  Specify.)…………………………………………………………………………………………………………………………….

 

Continued on other side.  ®

Form 17E:  Trial  Management  Conference  Brief (page 2) Court file number …………..

 

 

3. Where is the child living at the time of this conference?

 

— PART  2: ISSUES  FOR  TRIAL —

4. Attach an outline of your opening statement for the trial, including:

(a) what you consider to be the undisputed facts;

(b) the theory of your case on the disputed issues;

(c) a brief summary of the evidence you plan to present at trial; and

(d) the orders you are asking the trial judge to make.

 

5. These are the witnesses whom I plan to have testify for me, the topics about which they will testify and my current estimate of the length of time for the testimony of each witness, including cross-examination:

 

Name of witness

Topic about which witness will testify

Current time estimate for witness

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6. I estimate that the trial time needed for my part of this trial is……….. days; the other side’s part of this trial is…….... days.

 

 

— PART  3: PROCEDURAL  MATTERS —

7. Have the parties signed a statement of agreed facts?

¨ Yes. (Attach a copy.) ¨ No. (Explain why not.) 

 

 

 

 

 

 

8. Have the parties finished the disclosing of documents and the questioning of witnesses?

¨ Yes. ¨ No. (Indicate what has not been done.) 

 

 

 

 

 

 

9. Attach a list of the relevant orders in this case.  (Attach the summary of court cases  —  Form 8E.)

 

 

Continued on next sheet.  ®

 

Form 17E:  Trial  Management  Conference  Brief (page 3) Court file number …..…..….

 

 

 

10. Are there any orders or directions for trial that have not been carried out?

¨ No. ¨ Yes. (Explain.) 

 

 

 

 

11. Have the parties produced a joint document brief?

¨ Yes.  (Attach a copy.) ¨ No. (Explain why not.) 

 

 

 

 

12. Has an order been made for affidavit evidence at trial?

¨ Yes. ¨ No. (Explain.) 

 

 

 

 

13. Are there any preliminary or procedural matters that need to be dealt with before or at the start of the trial?

¨ No. ¨ Yes. (Explain.)  

 

 

 

 

14. Have you served a request to admit?

¨ Yes. ¨ No. (Explain.) 

 

 

 

 

 

 

 

 

 

Date of party’s signature

 

 

 

Signature of party

Date of lawyer’s signature

 

Signature of  party’s lawyer

 

11. Forms 23C, 25D, 34D, 34K and 38 are revoked and the following substituted:

 

 

Court File Number

 

……...……………………

Form 23C:  Affidavit for Uncontested Trial, dated

………………………….

 

(Name of court)

at

 

 

 

 

 

Court office address

 

Applicant(s)

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

Respondent(s)

Full legal name & address for service — street & number, municipality,

postal code, telephone & fax numbers and e-mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

My name is  (full legal name)

 

I live in  (municipality & province)

 

and I swear/affirm that the following is true:

 

1. I am the applicant in this case.

 

2. There is/are (number) ……….. child(ren) from our relationship, namely:

 

 

Full Legal Name

Age

Birthdate

Resident in
(municipality & province)

Now living with
(name of person and relationship to child)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. I am asking for the following order:

¨ custody of the child(ren) named above

¨ access to the child(ren) named above

¨ support for (name of recipient(s)) …………………………………………………………………………………………………….

¨ a restraining order against the respondent (name) ……………………………………………………………………………………

¨ (Other.  Specify.) 

4. The respondent and I were:

¨ married on (date) ¨ started living together on (date) 

¨ separated on (date) ¨ never lived together.

 

Continued on other side.  ®

 

Form 23C: Affidavit for Uncontested Trial (page 2) Court file number …..…….

 

 

CUSTODY AND ACCESS

Fill out this section if you are claiming custody of one or more of the children.

5. An order giving me custody of the child(ren) is in the best interests of the child(ren) because: (Give reasons.)

6. An order giving the respondent access to the children

¨ is ¨ is not

in the best interests of the child(ren) because:  (Give reasons.)

7. If an order for access is made, it should be:

¨ reasonable access on reasonable notice;

¨ reasonable access on reasonable notice including but not limited to the terms below;

¨ on the following terms:

¨  every other weekend from ……..… p.m. on Friday until ………p.m. on Sunday or Monday, if Monday is a statutory holiday,

starting on (date) ……………………………………………………………………...……………………………………...

¨ alternate spring breaks, starting in (year) ………...

¨ ……….. weeks during the summer vacation, to be decided by the parties before April 1 of each year.

¨  one-half of the Christmas break, starting on (date) …………………….………... and ending on (date) …..………………to be shared as follows:

 

¨ Father’s Day with the father; Mother’s Day with the mother.

¨ (Other.  Specify.)

 

Continued on next sheet.  ®

 

Form 23C: Affidavit for Uncontested Trial (page 3) Court file number ………...

 

CHILD SUPPORT

Fill out this section if you are claiming child support.

8. I am claiming support for (number) …………………….  child(ren).

9. To the best of my knowledge, the source(s) of the respondent’s income is/are: (Check one or more boxes as circumstances require.)

¨ employment income at (employer’s name and address)

¨ commissions, tips, overtime, bonuses, etc.

¨ self-employment as (name or nature of respondent’s business) …………………………………………………………………………..

¨ (Other.  Specify.)

10. I believe that the respondent’s current annual income from all income sources is $ ………………………...…….for the following reasons:

(Give your reasons for believing the dollar amount set out.)

 

 

SPOUSAL SUPPORT

Fill out this section if you are claiming support for yourself.

11. I need spousal support for the following reasons:  (Give details of your financial needs.)

 

 

SAME-SEX PARTNER SUPPORT

Fill out this section if you are claiming support for yourself.

12. I need same-sex partner support for the following reasons:  (Give details of your financial needs.)

 

 

 

 

 

 

Continued on other side.  ®

 

Form 23C: Affidavit for Uncontested Trial (page 4) Court file number …...……...

 

 

RESTRAINING ORDER

Fill out this section if you are claiming a restraining order against the respondent.

13. I need an order to restrain the respondent from annoying, molesting or harassing me and my children or from approaching within (distance) ……………… metres of:  (Check off one or more boxes.)

¨ me

¨ my home at (address)

¨ my place of work at (address)

¨ the child(ren)

¨ the child(ren)’s school(s):  (Give names of school(s))

¨ (Other.  Specify.)

for the following reasons:  (Give your reasons for needing a restraining order at all and for the distances involved.)

 

Continued on next sheet.  ®

 


Form 23C: Affidavit for Uncontested Trial (page 5) Court file number ……...…...

 

 

 

LACK OF SERVICE

Fill out this section if the respondent is not going to be served or has not been served.

NOTE: The Family Law Rules require all documents to be served on the opposing party.  The court will make an order even without service, but only in very unusual circumstances such as:

1. An emergency situation where there is not enough time to serve documents or where serving them would put you or your child in danger or would have other serious consequences.

2. Where the court is satisfied that every effort has been made to find the other party and that it is impossible to serve him or her by any means.

 

 

14. My application/motion is not being served on the respondent for the following reasons:

 

 

 

 

 

 

 

 

 

OTHER ISSUES

 

 

Put a line through any space left on this page.

Sworn/Affirmed before me at ……………………………………………………………………………...

municipality

in …………………………………………………………………………………………………………...

province, state or country

 

on ………………………………………………….

date

 

Signature

(This form is to be signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits.)

Commissioner for taking affidavits

(Type or print name below if signature is illegible.)

 

 

 

 

. . . . .

 

 

 

Court File Number

 

……...……………………

Form 25D:  Order (Uncontested Trial)

¨ Temporary

¨ Final

SEAL

at

(Name of court)

 

Court office address

 

 

Applicant(s)

 

 

 

 

 

 

 

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

Judge
(print or type name)

 

 

Respondent(s)

 

 

 

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

Date of order

 

Name & address of Children’s Lawyer’s agent (street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any)) and name of person represented.

 

 

 

 

The court considered an application/motion made by (name of person or persons)

 

The following persons were in court (names of parties and lawyers in court)

 

The court received evidence and submissions on behalf of (name or names)

 

This order affects the following children:

 

 

Child’s full legal name

Date of birth (d, m, y)

Sex

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PARENTAGE

¨ 1. THIS COURT FINDS that:

¨ each child mentioned above is a child of the marriage within the meaning of the Divorce Act (Canada).

¨ the applicant and respondent are parents of each child mentioned above within the meaning of the Family Law Act and the Children’s Law Reform Act.

¨  (Other.  Specify.)

 

Continued on other side.  ®

Form 25D: Order (Uncontested Trial) (page 2) Court file number ……..…..

 

 

CUSTODY

¨ 2. THIS COURT ORDERS that (name(s)) …………………………………………………………………………………….shall have

¨ temporary ¨ final

¨ sole ¨ joint

custody of each child mentioned above.

 

 

ACCESS

¨ 3. THIS COURT ORDERS that (name(s)) …………………………………………………………………………………….shall have

¨ temporary ¨ final

access to each child mentioned above.  The terms of access are:

¨ reasonable access on reasonable notice;

¨ reasonable access on reasonable notice including but not limited to the terms below;

¨ as follows:

¨  every other weekend from ………… p.m. on Friday until …………. p.m. on Sunday or Monday, if Monday is a statutory

holiday, starting on (date) ……………………………………………………...………………………………..…………….

¨ alternate spring breaks, starting in (year) ……….

¨ ……… weeks during the summer vacation, to be decided by the parties before April 1 of each year.

¨ one-half of the Christmas break, starting on (date) …………………..….. and ending on (date) ………………..………… to be shared as follows:

 

 

¨ Father’s Day with the father, Mother’s Day with the mother.

¨ (Other.  Specify.)

 

 

CHILD SUPPORT

¨ 4. THIS COURT FINDS that (name of payor) ……………………………………………………….  has an income of $ ..…….…… and IT

ORDERS that (name of payor) …………………………………….………pay to (name of recipient) ..……………………………… the

sum of $ ……………. per month for the support of the child(ren) named above, starting on (date) .…………………………..…..……

 

 

Fill in this frame only if there is a claim for add-ons for the child(ren).

 

THIS COURT FINDS that (name of recipient) …………………………………………………….……. has an income of $ ………….... and

IT ORDERS that (name of payor)……………………………………pay to (name of recipient) …………………………………………...…..

 

the sum of $ ……. per month for the special or extraordinary expenses (add-ons) of the child(ren) named above, starting on (date) …….……. .

 

The details of this amount are as follows:

Name of child

Nature of special or extraordinary expense

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Continued on next sheet.  ®

 

Form 25D: Order (Uncontested Trial) (page 3) Court file number ………..…

 

 

SPOUSAL SUPPORT

¨ 5. THIS COURT ORDERS that (name of payor) …………………………………………………………………..………………….….

pay to (name of recipient) ………..….…………………….………………………………….………….…….…………¨  temporary  ¨  final

spousal support in the amount of $ ………………… per ……………………… starting on (date) …………………….…………..….…...

 

¨ 6. THIS COURT ORDERS that the support under paragraph 5 of this order be indexed and changed annually according to the indexing factor in subsection 34 (6) of the Family Law Act.

 

SAME-SEX PARTNER SUPPORT

¨ 7. THIS COURT ORDERS that  (name of payor) ……………………………………………………………………………………………

pay to (name of recipient) …………..……………………………………………………………………...…..¨  temporary  ¨  final

same-sex partner support in the amount of $ …………….. per ………………. starting on (date) …...…….……….……………….….

.

¨ 8.  THIS COURT ORDERS that the same-sex partner support under paragraph 7 of this order be indexed and changed annually according to the indexing factor in subsection 34 (6) of the Family Law Act.

 

SUPPORT MONEY OWED

¨ 9. THIS COURT FINDS that the amount of support owed is $ …………………. as of (date)  …………..……………………………...…..

AND THIS COURT ORDERS that (name of payor) ……………………………………………………………………………………….……

pay off this amount ¨ by (date) ……………………………………………………………………………………...……………....

¨ at the rate of $ ………………  per……………starting on (date) …………………………..…….

 

SUPPORT — ENFORCEMENT

¨ 10. THIS COURT ORDERS that unless the support order is withdrawn from the office of the Director of the Family Responsibility Office, it shall be enforced by the Director and amounts owing under the order shall be paid to the Director, who shall pay them to the person to whom they are owed.

 

¨ 11. THIS COURT ORDERS that the clerk issue a support deduction order under section 11 of the Family Responsibility and Support Arrears Enforcement Act, 1996 for the periodic support.

 

PROPERTY

¨ 12. THIS COURT ORDERS that

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Continued on other side.  ®

Form 25D: Order (Uncontested Trial) (page 4) Court file number ………...

 

 

DISCLOSURE

¨ 13. THIS COURT ORDERS that (name) ………………………………………………………………….…………………………………………...

serve and file the following before the next court date:

¨ a current financial statement.

¨ (Other.  Specify.)

 

 

 

 

 

OTHER MATTERS

¨ 14. THIS COURT ORDERS that

 

 

 

 

 

COSTS

¨ 15. THIS COURT ORDERS that costs be paid by (name) ……………………………………………………………………..…….…….

to (name) ………………………………………………………………………..…….………………………..…….. fixed at $ ………………...….

 

ADJOURNMENT

¨ 16. THIS COURT ORDERS that the matter(s) of …………………….…………………………………………..….…….…..……….….

…………………………………………………………………...……………………………………………………………………………....

be adjourned to (date) ………………….. at (time) …………….. for: (purpose)

 

 

 

 

 

INTEREST

¨ 17. THIS COURT ORDERS that interest be payable on amounts owing under this order at the rate of ……… per cent per year.

 

 

 

 

 

Put a line through any space left on this page.  If additional space is needed, extra pages may be attached.

 

 

 

 

 

 

 

 

Date of signature

 

Signature of judge or clerk of the court

. . . . .

 

 

Court File Number

……...……………………

(Name of court)

Form 34D:  Affidavit of Adoption Applicant(s), dated

at

 

…………………………….

 

Court office address

 

Applicant(s)

Full legal name & address for service — street & number, municipality,

postal code, telephone & fax numbers and e-mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

Respondent(s) (Note: In some adoption cases, there may be no formal respondent.)

Full legal name & address for service — street & number, municipality,

postal code, telephone & fax numbers and e-mail address (if any).

 

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

My/Our name(s) is/are  (full legal name(s)) 

 

I/We live in  (municipality & province)

 

and I/We swear/affirm that the following is true:

 

1.

I am/We are the applicant(s) for the adoption of the child in this case and reside in Ontario.

 

2.

My/our birthdate(s) is/are: (For two persons, indicate which birthdate belongs to whom.)

 

 

 

 

 

 

3.

The details of my/our background are as follows: (Give details of your health, education, employment, ability to support and care for the child and any other relevant background material. If you need more space, you may add a page.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Put a line through any space left on this page.

Continued on other side.  ®

Form 34D:

Affidavit of

Adoption Applicant(s), dated ………………. (page 2)

Court file number  …………….

 

 

4.

 

The child is a resident of Ontario and is:

 

¨  my/our grandchild by blood, marriage or adoption.

¨  my/our grandnephew/grandniece by blood, marriage or adoption.

¨  my/our nephew/niece by blood, marriage or adoption.

¨  a child of my spouse.

¨  a child of my same-sex partner.

¨  is not related to me/us.

 

5.

 

The history of my/our relationship with the child is as follows: (Give details of history of your relationship with the child. If you need more space, you may add a page.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Put a line through any space left on this page.

Continued on next sheet. ®

Form 34D:

Affidavit of

Adoption Applicant(s), dated ………………. (page 3)

Court file number  ………………

 

 

Check applicable box:

 

6.

¨

I am the sole applicant for this child’s adoption and if an adoption order is made, I will be the child’s only legal parent.

 

¨

I am the sole applicant for this child’s adoption. If an adoption order is made, I will be joining with (spouse’s full legal name)  ……………………………………………………….., who is my spouse within the meaning of Part VII of the Child and Family Services Act, and together, we will be the child’s only legal parents.

 

¨

We are applying for this child’s adoption jointly as spouses within the meaning of Part VII of the Child and Family Services Act. If an adoption order is made, we will be the child’s only legal parents.

 

¨

We are applying for this child’s adoption as individuals in accordance with clause 146 (4) (c) of the Child and Family Services Act.

 

 

 

7.

I/We understand and appreciate the special role of an adopting parent.

 

 

8.

No payment or reward of any kind was made, given, received or agreed to be made, given or received by me/us or, to the best of my/our knowledge, by any other person in connection with,

 

(a)

the adoption of this child;

 

(b)

this child’s placement for adoption;

 

(c)

the giving of any consent to this child’s adoption; or

 

(d)

any negotiations or arrangements leading up to this child’s adoption,

 

except for what is permitted by the Child and Family Services Act and the regulations made under that Act.

 

 

9.

I/We understand the nature and operation of Ontario’s adoption disclosure register.

 

 

10.

I/We want to bring to the court’s attention the following additional facts about the child’s best interests: (Give any additional facts.  If you need more space, add another page.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Put a line through any space left on this page.

 

 

 

Severally ¬ (Delete where inappropriate.)

 

 

 

Sworn/Affirmed before me at

……………………………….………………………………….…

_________________________

 

municipality

Signature

in 

……………………………………………….………………………………………………...….

_________________________

 

province, state or country

Signature

(This form is to be signed in front of a lawyer, justice of the peace, notary public, or commissioner for taking affidavits.)

on 

………………………………………….

_______________________________________

 

date

Commissioner for taking affidavits

(Type or print name below if signature is illegible.)

. . . . .

 

 

Court File Number

……...……………………

(Name of court)

Form 34K:  Certificate of Clerk (Adoption)

at

 

 

 

Court office address

 

Applicant(s)

Full legal name & address for service — street & number, municipality,

postal code, telephone & fax numbers and e-mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

Respondent(s) (Note: In some adoption cases, there may be no formal respondent.)

Full legal name & address for service — street & number, municipality,

postal code, telephone & fax numbers and e-mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

If the appropriate box on the left cannot be checked, check the box on the right margin and describe the deficiency by the box

The clerk of the court certifies as follows:

Deficiency

1.

MATERIAL COMMON TO ALL ADOPTION CASES

(a)

¨

An application for adoption (Form 8D in Family Law Rules) has been filed.

1(a)

¨

(b)

¨

A certified copy of the statement of live birth has been filed (Form 2 in regulation under Vital Statistics Act).

1(b)

¨

 

¨

A certified copy of a change of birth registration has been filed (Form 2 in regulation under Vital Statistics Act).

 

 

 

¨

Equivalent proof of details of birth has been filed.

 

 

(c)

¨

The person to be adopted is 7 years of age or over and has filed a consent to adoption (Form 34 in Family Law Rules).

1(c)

¨

 

¨

A court order dispensing with the consent of the person to be adopted has been filed.

 

 

(d)

¨

An affidavit of parentage has been filed (Form 34A in Family Law Rules).

1(d)

¨

 

¨

Other evidence of who is or is not a “parent” has been filed.

 

 

(e)

¨

A report on the child’s adjustment in the applicant’s home:

1(e)

¨

 

¨

is required by the Act (where a child had been “placed” for adoption through a licensee, a society or otherwise).  That report has been filed.

 

 

 

¨

had been ordered by the court in the case of an adoption by a stepparent or relative.  That report has been filed.

 

 

 

¨

has not been required in this case.

 

 

(f)

¨

The applicant has a ‘spouse’ who is not a ‘parent’ and who has not joined in the application.  That spouse’s consent (Form 34B in Family Law Rules) has been filed.

1(f)

¨

 

¨

A court order dispensing with the spouse’s consent has been filed, together with,

 

 

 

(i)

¨

proof of service of this order.

 

 

 

(ii)

¨

a certified copy of an order dispensing with service.

 

 

(g)

¨

The Director’s or local director’s statement (with recommendations) on the adoption (Form 34C in Family Law Rules):

1(g)

¨

 

¨

is required by the Act (where a child had been “placed” for adoption through a licensee, a society or otherwise).  That statement has been filed.

 

 

 

¨

had been ordered by the court in the case of an adoption by a stepparent or relative.  That statement has been filed.

 

 

 

¨

has not been required in this case.

 

 

(h)

¨

An affidavit of each adopting parent (Form 34D in Family Law Rules) has been filed.

1(h)

¨

(i)

¨

A draft adoption order (Form 25C in Family Law Rules) has been filed.

 

1(i)

¨

 

Continued on other side.  ®

Form 34K:

Certificate of Clerk (Adoption) (page 2)

Court file number  ……………………….

 

 

 

 

 

(j)

¨

This is a joint application by spouses and

1(j)

¨

 

(i)

¨

a certificate of the applicants’ marriage had been filed.

 

 

 

(ii)

¨

other proof of the applicants’ spousal status has been filed.

 

 

(k)

¨

(Other.  Specify.)

 

 

1(k)

¨

2.

ADDITIONAL MATERIAL FOR CROWN WARDSHIP ADOPTIONS

(a)

¨

The Director’s consent to adoption (Form 34E in Family Law Rules) has been filed.

2(a)

¨

(b)

¨

There is no outstanding access order with respect to this Crown ward.

2(b)

¨

 

¨

A certified copy of an order terminating access to this Crown ward has been filed, together with,

 

 

 

(i)

¨

proof of service of this order.

 

 

 

(ii)

¨

a certified copy of an order dispensing with service.

 

 

(c)

¨

A certified copy of the Crown wardship order has been filed together with,

2(c)

¨

 

(i)

¨

proof of service of this order.

 

 

 

(ii)

¨

a certified copy of an order dispensing with service.

 

 

(d)

¨

An affidavit from the local director has been filed, stating that no appeal of the orders mentioned in clauses (b) and (c) above had been launched or that the appeal period had expired.

2(d)

¨

(e)

¨

(Other.  Specify.)

 

 

2(e)

¨

3.

ADDITIONAL MATERIAL FOR NON-WARD ADOPTION THROUGH LICENSEE OR SOCIETY

(a)

¨

The child has been placed by a children’s aid society.

3(a)

¨

 

¨

The child has been placed by a licensee within the time frame allowed by his/her licence, a copy of which has been filed.

 

 

(b)

¨

An affidavit (Form 34G in Family Law Rules) of the licensee or of an authorized employee of the children’s aid society has been filed.

3(b)

¨

(c)

¨

The person filing the affidavit knows of no custody or access order involving the child.

3(c)

¨

 

¨

Certified copy/copies of the custody or access order(s) involving the child has/have been filed together with,

 

 

 

(i)

¨

proof of service of this order.

 

 

 

(ii)

¨

a certified copy of an order dispensing with service.

 

 

(d)

¨

A consent (Form 34F in Family Law Rules) to adoption from the child’s mother has been filed.

3(d)

¨

 

¨

The consent, which was signed by the mother when she was under 18 years of age, is accompanied by a certificate of the Children’s Lawyer (Form 34J in Family Law Rules).

 

 

 

¨

The child’s mother has filed a form of consent from outside Ontario that is accompanied by:

 

 

 

(i)

¨

a certified translation of the document into English/French.

 

 

 

(ii)

¨

a lawyer’s affidavit that the mother’s consent complies with the laws of the place where the mother made it.

 

 

 

¨

A certified copy of an order dispensing with the mother’s consent has been filed, together with proof of service of the order.

 

 

(e)

¨

A consent (Form 34F in Family Law Rules) to adoption from the child’s biological father has been filed.

3(e)

¨

 

¨

The consent, which was signed by the father when he was under 18 years of age, is accompanied by a certificate of the Children’s Lawyer (Form 34J in Family Law Rules).

 

 

 

¨

The child’s biological father has filed a form of consent from outside Ontario that is accompanied by:

 

 

 

(i)

¨

a certified translation of the document into English/French.

 

 

 

(ii)

¨

a lawyer’s affidavit that the biological father’s consent complies with the laws of the place where the biological father made it.

 

 

 

¨

A certified copy of an order dispensing with the biological father’s consent has been filed, together with proof of service of the order.

 

 

 

¨

The court has ruled that the biological father does not have the status of “parent” under Part VII of the Child and Family Services Act.

 

 

(f)

¨

A consent (Form 34F in Family Law Rules) to adoption from any other person who is a “parent” under Part VII of the Child and Family Services Act has been filed.

3(f)

¨

 

¨

The consent, which was signed by the other “parent” when he/she was under 18 years of age, is accompanied by a certificate of the Children’s Lawyer (Form 34J in Family Law Rules).

 

 

 

Continued on next sheet.  ®

 

Form 34K:

Certificate of Clerk (Adoption) (page 3)

Court file number  ………………….

 

 

¨

This other “parent” has filed a form of consent from outside Ontario that is accompanied by:

 

 

 

(i)

¨

a certified translation of the document into English/French.

 

 

 

(ii)

¨

a lawyer’s affidavit that the other “parent’s” consent complies with the laws of the place where the other “parent” made it.

 

 

 

¨

A certified copy of an order dispensing with the other “parent’s” consent has been filed, together with proof of service of the order.

 

 

(g)

¨

(Other.  Specify.)

 

 

 

 

3(g)

¨

4.

ADDITIONAL MATERIAL FOR ADOPTION BY RELATIVE OR STEPPARENT

(a)

¨

There are no custody or access orders involving the child.

4(a)

¨

 

¨

Certified copy/copies of the custody or access order(s) involving the child has/have been filed together with,

 

 

 

(i)

¨

proof of service of this order.

 

 

 

(ii)

¨

a certified copy of an order dispensing with service.

 

 

(b)

¨

A consent (Form 34F in Family Law Rules) to adoption from the child’s mother has been filed.

4(b)

¨

 

¨

The consent, which was signed by the mother when she was under 18 years of age, is accompanied by a certificate of the Children’s Lawyer (Form 34J in Family Law Rules).

 

 

 

¨

The child’s mother has filed a form of consent from outside Ontario that is accompanied by:

 

 

 

(i)

¨

a certified translation of the document into English/French.

 

 

 

(ii)

¨

a lawyer’s affidavit that the mother’s consent complies with the laws of the place where the mother made it.

 

 

 

¨

A certified copy of an order dispensing with the mother’s consent has been filed, together with proof of service of the order.

 

 

(c)

¨

A consent (Form 34F in Family Law Rules) to adoption from the child’s biological father has been filed.

4(c)

¨

 

¨

The consent, which was signed by the father when he was under 18 years of age, is accompanied by a certificate of the Children’s Lawyer (Form 34J in Family Law Rules).

 

 

 

¨

The child’s biological father has filed a form of consent from outside Ontario that is accompanied by:

 

 

 

(i)

¨

a certified translation of the document into English/French.

 

 

 

(ii)

¨

a lawyer’s affidavit that the biological father’s consent complies with the laws of the place where the biological father made it.

 

 

 

¨

A certified copy of an order dispensing with the biological father’s consent has been filed, together with proof of service of the order.

 

 

 

¨

The court has ruled that the biological father does not have the status of “parent” under Part VII of the Child and Family Services Act.

 

 

(d)

¨

A consent (Form 34F in Family Law Rules) to adoption from any other person who is a “parent” under Part VII of the Child and Family Services Act has been filed.

4(d)

¨

 

¨

The consent, which was signed by the other “parent” when he/she was under 18 years of age, is accompanied by a certificate of the Children’s Lawyer (Form 34J in Family Law Rules).

 

 

 

¨

This other “parent” has filed a form of consent from outside Ontario that is accompanied by:

 

 

 

(i)

¨

a certified translation of the document into English/French.

 

 

 

(ii)

¨

a lawyer’s affidavit that the other “parent’s” consent complies with the laws of the place where the other “parent” made it.

 

 

 

¨

A certified copy of an order dispensing with the other “parent’s” consent has been filed, together with proof of service of the order.

 

 

(e)

¨

The affidavit (Form 34H in Family Law Rules) of the stepparent or of each adopting relative has been filed.

4(e)

¨

(f)

¨

This is a stepparent adoption and the spouse of the adopting stepparent has filed a consent (Form 34I in Family Law Rules).

4(f)

¨

(g)

¨

(Other.  Specify.)

 

 

 

4(g)

¨

 

 

 

 

 

 

 

 

 

Date of signature

 

Signature of clerk of the court

. . . . .

 

 

Court File Number

 

……...……………………

Form 38: 

Notice of Appeal

(Name of court)

at

 

 

 

 

 

Court office address

 

Applicant(s) Check the appropriate box: ¨ Appellant ¨ Respondent in this appeal

Full legal name & address for service — street & number, municipality,

postal code, telephone & fax numbers and e-mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

Respondent(s) Check the appropriate box: ¨ Appellant ¨ Respondent in this appeal

Full legal name & address for service — street & number, municipality,

postal code, telephone & fax numbers and e-mail address (if any).

 

Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

 

 

 

Name & address of Children’s Lawyer’s agent (street & number, municipality, postal code, telephone & fax numbers and e‑mail address (if any)) and name of person represented.

 

 

 

 

 

 

My name is  (name of party making this appeal) ……………………………………………………………………………………….……………….……….

I APPEAL TO THE (name of court) ………………………………………………………….……………………………………………..……...

at (municipality) ……………………………………………………………………………………………………………………………...……….

from the following order or decision:

Date of order: ………………………………………………………………………………………..…………………………….…………

Name of court that made it: ……………………………………………………………………………………..……………….…………..

Name of judge who made it: ……………………………………………………………………………..…………………….……………

Place where it was made: ……………………………………………………………………………………………………...…………….

It was: ¨ a final order. ¨ a temporary order.

 

 

I ask that this order be set aside and that an order be made as follows:  (Set out briefly the order that you want the appeal court to make.)

 

 

 

 

 

 

 

 

 

 

 

 

Continued on other side. ®

Form 38: Notice of Appeal (page 2) Court file number ………………….

 

 

 

The legal grounds for my appeal are:  (Set out in numbered paragraphs the legal basis of your appeal.)

 

 

 

Draw a line through any space left on this page.

NOTE TO THE APPELLANT:  You have 30 days to serve this notice on the other parties in the case and you must file it with the clerk of the appeal court with proof of service (Form 6B) within 10 days after that.

NOTE TO THE RESPONDENT:  If you want to oppose this appeal, you or your lawyer must prepare a respondent’s factum required by subrule 38(9) of the Family Law Rules, serve a copy on the appellant(s) and file a copy with the clerk of the appeal court with proof of service (Form 6B).  You must serve and file a respondent’s factum at least 3 days before the hearing of the appeal.  If you do not, the appeal will go ahead without you and the court may make a new order and enforce it against you.

 

 

 

 

 

 

 

 

 

 

 

 

Date of signature

 

Signature

 

 

 

 

12. This Regulation comes into force on July 30, 2001.

 

 

 

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