Steps to respond to a motion in family court
If another party has served motion forms on you, there are a few steps you must follow when responding.
Step 1: fill out your motion forms
To respond to a motion you must complete the following forms:
- Form 14A: Affidavit (General)
- write out the evidence to explain your side of the story and whether or not you agree with the orders the other party is requesting
- attach any relevant documentary evidence to this form as an “exhibit”
- identify each exhibit that you attach, in an alphabetic sequence (for example, you may write “Attached as ‘Exhibit A’ is a copy of an access schedule, agreed upon by me and the respondent”)
- swear or affirm that the information in this form is true, and sign the form in front of a commissioner for taking affidavits. There are commissioners at all family court offices who will commission the form for free.
- an updated Cumulative Table of Contents in the Continuing Record
- an updated Financial Statement (Form 13, Form 13.1, or Form 14A) if the motion relates to child support, spousal support, or property
- a Factum or Summary of Argument if your case is in the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice
- write out the rules and laws that apply to the facts in your case, which support your response to the motion.
- for more information, refer to the court’s provincial and regional Practice Directions
Step 2: serve and file your motion forms
Once you complete your forms you should make at least two copies – one copy for yourself, one copy for the other party and the original for the court. You must:
- serve a copy of all your responding forms on the other party, using regular or special service
- complete and swear or affirm Form 6B: Affidavit of Service in front of a commissioner for taking affidavits
- file your original responding forms and completed Affidavit of Service (Form 6B) with the court
You need to serve and file your responding motion forms at least:
- four business days before the motion date, if you were served with a motion for a temporary order (Form 14)
- four business days after the motion forms were served on you, if you were served with a procedural, uncomplicated, or unopposed motion (Form 14B)
Step 3: attend the motion hearing
The last step is to attend the motion hearing, unless it is a procedural, uncomplicated, or unopposed motion (Form 14B) that is being considered by the judge based only on written material.
See Step 5 of bringing a motion for more information on the motion hearing process.
Updated: December 15, 2023
Published: December 23, 2021