4. Prepare for your hearing

Review your partner’s documents

Your partner must serve you with a copy of their documents at least 4 days before the date of your motion.

They have to give you their Form 14A: Affidavit, where they tell the court why they agree or don’t agree with the orders you’re asking for and their evidence.

They may also give you:

• Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you or your partner are asking for decision-making responsibility or parenting time and if they haven’t already filed this form with the court. Decision-making responsibility and parenting time used to be called custody and access. They have to answer some personal questions about the family situation and tell the court about their suggested parenting plan.
• Form 13: Financial Statement or Form 13.1: Financial Statement, if you or your partner are asking for child support, spousal support, or to divide property. They have to give information about their finances such as their income, living expenses, and assets and debts.
• Form 13A: Certificate of Financial Disclosure, where they list all the documents that prove what they said in their financial statement.
• Support Deduction Order, if you or your partner are asking for support.
• Support Deduction Order Information Form, if you or your partner are asking for support.
• A factum, which is a statement of the law they are relying on. A factum is sometimes required in the Superior Court of Justice.
• Updated table of contents, that lists the documents they are adding to the continuing record.

You should read these documents carefully. Make sure you understand what your partner is asking for.

Confirm your court date

You and your partner must tell the court that you will be at your hearing and that you’re ready to go ahead.

You each do this by filling out a Form 14C: Confirmation. Write down the amount of time you think you’ll need, the specific issues that will be discussed, and the documents the judge should read.

You can fax the form or take it to the courthouse in person. Do this no later than 2:00 p.m. at least 3 days before your hearing date. If you miss this deadline, the hearing may not be held and you will have to get a new date.

You must also give your partner a copy of the form before you give it to the court.