Generic Application: If you wish to submit an application other than those mentioned above, you may submit an application using the “Generic Application” form below. You must attach a summary of the legal basis for your application, explain why the application was filed and indicate what you want the judge to order. Ex parte application to shorten the order (fillable pdf) – submit it with your other forms If the parties still cannot agree on whether or how to vary the court order, they can file a return application with the court. A “motion” is a written motion that tells the judge what the person wants the judge to change and why. The plaintiff or defendant may file a petition, and the other party may file a written “objection” if it does not agree with the other party`s claims. A hearing date is set for each application made. Both parties must attend the court hearing so that the judge can ask them questions and decide which orders, if any, should be changed. Application to set aside a default, order or order: This request may be used by any person in default (i.e. the clerk has committed a default against the person because he or she did not respond to the complaint in a timely manner), or by any person who wishes a final order to be cancelled because the order has been damaged by fraud, An error, misrepresentation, etc. was obtained. All documents you have filed must be served on the other parent or, if the other parent is represented by a lawyer, they must be served on the lawyer. This is to ensure that the other party is aware of the hearing and has the opportunity to respond to your documents. You must serve the documents within 3 days of filing.
School Selection Application: This application can be used by any parent to ask the judge to determine which school a child should attend if the parents cannot agree. Re-notify a hearing: If your application hearing was cancelled because the other party was not properly served and you need to reset the hearing, submit a new notice of application. Applications and objections will only be filed in EXISTING CASES – these documents will not open a new file. If you don`t have a file yet, visit other parts of the site to find out how to file a file. You can also watch videos that family judges have prepared to help you understand the court process. You can watch helpful videos of the judges by clicking here. For information on how to complete and submit court forms, see Basics of forms and court submissions Application to change child support: This application can be used by anyone who wants to change the support order (an application to change support can also be made with this form, if necessary). Also, be sure to submit a financial disclosure form to support your application.
After you deliver the documents, fill out a delivery certificate that shows when, where and how you delivered the documents. Submit the certificate of service to the court before your hearing. For injunction applications, click here and select the interview “FAMILY LAW MATTERS: APPLICATION FOR INJUNCTION”. Most hearing aids are made automatically by phone or video. You should receive instructions from the judge`s staff a few days in advance on how to attend the session. If you want to be on the safe side, you can submit one of the forms below to request permission to attend your hearing by video or phone. For more information on video and telephone appearances, visit the court`s information page. This program cannot be filed electronically. Your documents must be printed and submitted to the court. If you wish to apply for a change of custody, access or child support, an automated interview is available to fill out your forms for you after answering a few questions.
To use the automated interview, click here and select the interview “FAMILY LAW MATTERS: Application to vary an order”. At the end of the interview, you will need to print your forms, sign them, and submit them to family court. If you wish to submit attachments in support of your application or opposition, upload and complete an attachment. Each part must be identified in the table of contents, and each part must be separated by a blank page labeled “Exhibit __” with the number of the inserted part. Sometimes things change after a custody case is closed, and one or both parents want the judge to change the court order. A judge expects both sides to first try to resolve the case themselves. If you and the other parent have problems, first try to solve the problem directly with the other person. If you can do it yourself, you may be able to avoid a court hearing and file a disposition and order instead. You may also be able to mediate changes in custody and visitation instead of going to court.
Visit the Family Mediation Centre page for more information on mediation and how to request a referral to mediation. Parents sometimes have to go back to court after a custody case is closed to have orders changed. If you and the other parent can`t agree on how to resolve problems that arise later (such as custody, access or child support), either of you can file an application asking the judge to change the orders.
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