Fill out the forms
You'll need
- A Notice of Application (Form F31)
- An Affidavit (Form F30)
- Your photo identification
- Someone to swear or affirm your Affidavit
If you don't work things out at the Judicial Case Conference (JCC), the first set of forms you must fill out include:
- a Notice of Application (Form F31), and
- an Affidavit (Form F30) as evidence to support the application.
You can fill out these forms on your computer, or print the PDF and fill it out by hand. You will need 3 copies of the Notice of Application and Affidavit. One for you, one to serve on the other person and the original to file with the court .
Notice of Application (Form F31)
Follow these steps to fill out the first part of the Notice of Application:
- After filling out the PDF form, click the button Preview and Sign Document. Or to fill it out by hand, click Preview Blank Copy and print it.
- Fill in your court file number at the top of the form and choose your Supreme Court registry from the drop-down menu. Use the same registry where your agreement or orders are filed.
- Fill in your name as the claimant and check Filing Party. Add the other person's name as the respondent and check Affected Party.
- On the lines below the heading Notice of Application, fill in your names and the address of your Supreme Court registry. You're the applicant and the other person is the person affected.
- For the time estimate you are required to say how long you think the application will take to be heard. You must consider the time you think it will take the other side to respond to your submissions in court. For example, if you think you will take 30 minutes and the other person will take 30 minutes, you will write 1 hour for your time estimate.
- For the proposed date of hearing write in the date or proposed date range when the hearing will take place. Try to agree with the other party on a hearing date when you are both available. If you cannot agree on a date, or get in contact with the other party, you can choose a date yourself when you file the Notice of Hearing of Application (Step 5). Make sure you allow enough time to serve the other party, wait 5 business days for their response and then complete the remaining steps. The shortest amount of time you can have between serving the unfiled Notice of Application and affidavits and the date of the hearing is 11 business days assuming the other person served you their response on the last possible day. Business days do not include weekends or statutory holidays.
In Part 1: Order(s) sought, tell the court what orders you're asking for. See What happens if you don't follow a parenting agreement or order? for more information about what orders the court can make.
In Part 2: Factual basis, tell the court why you're asking for an order. Describe what the other person has done or is doing to break the terms of your parenting agreement or order.
In Part 3: Legal basis, tell the court if you're relying on a law or legal argument in asking to enforce the agreement or order.
In Part 4: Material to be relied on, on each of the lines fill in the number 1, your name, and the date you make your Affidavit (Form F30). List any other affidavits you want to use.
Affidavit (Form F30)
Your Affidavit (Form F30) is the evidence that supports your application. In your Affidavit, you must include information about:
- your arrangements for parenting,
- what the other person did or didn't do that went against your agreement or order, and
- the consequences (for example, you had to pay for childcare, your children were upset, etc.).
Attach your order or agreement to the Affidavit as an exhibit.
Once you've filled in all the information, you need to have the Affidavit sworn. A commissioner for taking affidavits will witness your signature.
Swear or affirm the Affidavit
After you've completed the Affidavit you must swear or affirm that the information that appears in it is true. You can have it sworn by a:
- lawyer,
- notary public, or
- commissioner for taking affidavits.
There will usually be at least one clerk at a court registry able to swear affidavits.
If you're going to a lawyer or a notary public, make sure they can swear or affirm the document for you. Mention that the document is an affidavit and attachments and make an appointment if you need to. Tell the person that you don't need advice.
Take photo identification (ID) with you. The person swearing the documents will check your ID. Then they'll ask if you've read the affidavit and if you swear (or affirm) that the contents are true to the best of your knowledge and belief. If you answer yes, you sign the documents, and the person witnesses your signature.