Step 1: review the forms that you were served with

It is important to review the forms you’ve been served with because they will determine your next steps. Read all the forms and documents you received closely because they can include:

  • the date when you need to appear in court
  • instructions about what to do next
  • when you need to respond

Step 2: fill out your responding documents

If you agree with the changes

If you agree to the changes that the other party is requesting, you need to complete:

If you don’t agree with the changes

If you do not agree to the changes that the other party is requesting, you need to complete:

  • Form 15B: Response to Motion to Change to you explain why you do not agree with the changes that the other party wants and ask the court to make different changes to your current arrangement

This form must be commissioned.

Depending on your circumstances and what you are asking for, you will also need to prepare:

  • Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you or the other party is asking to change parenting time or decision-making responsibility arrangement. This form must be commissioned.
  • If you or the other party is asking to change your child support or spousal support arrangement, the following financial disclosure documents:
    • Form 13: Financial Statement (Support Claims). In this form, you give the other party and the court information about your finances, including your income, expenses, assets, and debts.
    • Proof of current income (for example, your most recent pay stub, social assistance statement, or pension stub that shows your year-to-date income).
    • Proof of income for the past three taxation years, which must be one of the following:
      • Your Notices of Assessment and any Notices of Reassessment for each of the past three years. If your notices are unavailable for a particular year, you can use an Income and Deductions printout provided by the Canada Revenue Agency. You can contact the Canada Revenue Agency at 1-800-959-8281.
      • Some other proof of income for each of the past three years, if you swear or affirm a statement in your Financial Statement (Form 13) that you are not required to and have chosen not to file an income tax return because of the Canadian Indian Act.
    • You need proof of your income for any other years that you are asking to change or cancel your support arrears. For example, if you are asking to change or cancel your arrears since 2014, you need proof of your income for 2014, 2015, 2016, and so on for each year up to and including this year.
    • If you are asking to change your special or extraordinary expenses for a child, you also need to provide proof of these expenses (for example, daycare receipts).
    • Form 13A: Certificate of Financial Disclosure. In this form, you confirm which financial documents you have served on the other party.
    • If your support is registered with the Family Responsibility Office, you need a recent copy of the Director’s Statement of Arrears. Learn more about how to get your Statement of Arrears.
    • A Confirmation of Assignment form, if support may have been assigned to a social service agency.

You should make at least two photocopies of all your completed forms – one copy for yourself, one copy for the other party, and the original for the court.

Learn more about financial disclosure documents.

Step 3: serve all your documents

After you have completed, signed and sworn or affirmed (if needed) your forms, you have to serve them on the other party and any assignee.

You can serve the documents by:

  • yourself, using regular or special service
  • asking a friend or a family member who is over the age of 18
  • hiring a professional process server to serve the forms for you

Make copies of all your documents that you completed in Step 2 and serve them on the other party and any assignee within:

  • 30 calendar days of receiving the other party’s motion to change if you were served in Canada or the United States
  • 60 calendar days of receiving the other party’s motion to change if you were served outside Canada or the United States

There are rules about how to count time correctly for the purpose of a motion to change. If you do not follow the rules, court staff may not accept your documents.

Learn more about how and when to serve your documents.

Step 4: file your documents with proof of service

After you have served the other parties in your case:

  • complete Form 6B: Affidavit of Service (one for each party that was served)
  • file all your original documents and Form 6B at the courthouse location listed at the top of the motion to change forms you received from the other party

You can file your documents online using Justice Services Online or in-person at the courthouse.

Learn more about filing the proof of service.

Next steps

The next steps in your motion to change may include a:

You should always make sure you know what the next step is in your family court process. If you are not sure, court staff or a lawyer can help you understand what steps may be required in your case. Court staff can only provide general information and cannot provide legal advice.