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Court File Number ……...…………………… Form 8: Application (General) | ||
SEAL |
at |
(Name of court) | |
Court office address | |||
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)
Note: Ontario Regulation 114/99 has previously been amended. Those amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.
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:
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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 | ||
|
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 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 |
Age |
Birthdate |
Lives in |
Now living with |
Support claimed for child? |
Continued on other side. → | |||||
Form 15: Change Information Form | |||||
Child’s full |
Age |
Birthdate |
Lives in |
Now living with |
Support claimed for child? |
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 |
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 |
Child support |
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 | |||
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 |
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 | ||
|
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: | |||
(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: | ||
(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 | ||
