Writing an Affidavit for Family Court in Ontario

If you are handling a family case without a lawyer, you will likely be asked to put your story into an affidavit. It is your sworn written evidence. A judge often decides a motion largely on what the affidavits say, so it matters that yours is clear, honest and focused.

This article walks through what a motion affidavit is, what to include, what to leave out, how to swear it and how it fits into the motion deadlines. It is general information about how the process usually works, not advice on your particular case.

What a family court affidavit is

An affidavit is a written statement of facts that you swear or affirm is true. For a motion in family court, the affidavit is Form 14A. It sets out the evidence explaining why you want the court to make the orders you are requesting.

Relevant documents are attached to the affidavit as exhibits, and the exhibits are labelled in alphabetical order. Think of the affidavit as the story and the exhibits as the proof that backs up parts of it.

Other forms also have to be sworn. For example, a Form 35.1 that you sign when claiming parenting time or decision-making responsibility must be signed before a commissioner for taking affidavits. A Form 6B affidavit of service is also sworn or affirmed before a commissioner.

What to include and what to leave out

The Superior Court's self-help guidance is simple: an affidavit should contain what you saw, heard, did or said, not what someone else told you, which is called hearsay. If you are unsure whether something is solid enough, you can leave it out or say "I believe".

Link every paragraph back to the orders you are asking for. If a fact does not help the judge decide whether to grant what you requested, it probably does not need to be there. Write about the other parent's behaviour only where it truly bears on the issue, and keep the tone calm and factual.

Length limits and exhibits

There are page limits. Motion affidavits are limited to 12 pages for a regular motion and 20 pages for a long motion, and exhibits are generally about 10 pages or fewer. These limits come from the Superior Court's self-help guidance, so confirm what applies to your court and your type of motion.

• Pick the most important documents, not every document you have.
• Highlight or point to the relevant part inside a long exhibit in your paragraph text.
• Label each exhibit in alphabetical order and refer to it by letter in the body of the affidavit.
• Keep a clean copy of everything you file for your own records.

How to swear or affirm your affidavit

You swear or affirm that the affidavit is true, and sign it, in front of a commissioner for taking affidavits. Have your exhibits organized and ready before you go.

Commissioners at family court offices will commission documents free, and a clerk can commission your affidavit if you do not have a lawyer. Lawyers, paralegals and notaries can also commission. You may also be able to get help from court-based services. Family Law Information Centres give information on court processes but do not give legal advice. Legal Aid Ontario duty counsel can give family law advice and review court forms, though they cannot represent you in court.

Fitting the affidavit into motion deadlines

Your affidavit is only useful if it is in front of the court on time. For a motion, you must serve at least six business days before the motion date, file the motion forms and Form 6B at least four business days before, and file Form 14C (Confirmation) by 2:00 p.m. three business days before. If Form 14C is filed late, the motion is cancelled unless the court orders otherwise.

To prove you served, the person who served completes Form 6B and swears or affirms it before a commissioner. It is filed with the original documents served, online through Justice Services Online or in person. Count back from the motion date and leave yourself extra days to get everything sworn.

What to do next

• Write down the orders you are asking for before you write anything else.
• List the events that matter, in time order, using only what you saw, heard, did or said.
• Remove opinions, feelings and second-hand information, or rephrase with "I believe" where appropriate.
• Attach only key exhibits, labelled alphabetically.
• Check your page count against the limits.
• Have the affidavit reviewed by duty counsel or a lawyer if you can.
• Swear or affirm it before a commissioner and keep a copy.

If you want drafting help, the Family Justice Centre, a law school clinic, offers drafting help from supervised students to people who qualify financially. The Law Society's Limited Scope Services Project also lists family lawyers who offer unbundled services such as coaching or drafting.

Frequently asked questions