Source summaryWhat this source covers
Official Ontario family-law form or related court document: Cover - Motion to Change Final Order volume. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key pointsWhat this is
Ontario Court Services lists this as Form 3, “Cover - Motion to Change Final Order volume”.
Current official version
The current English version is version dated 2006-12-31 and effective 2006-12-31.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Open the official source ↗Law and rulesRelated official provisions
Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 8.0 — .1 of the Family Law Rules directs the court to issue an automatic order when certain claims are made in an Application, Motion to Change or Answer. This order requires parties to comply with their financial disclosure responsibilities.
The party who receives automatic order from the court must serve the order on every other party in the case according to Rule 8.0.1(5).
A party who has not made all reasonable efforts to comply with their disclosure obligations in advance of the case conference may be responsible for the other party’s costs.
Upon filing the originating materials, parties will receive a reminder to attend a Mandatory Information Program (Rule 8.1) and to provide an updated email address on all court documents.
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 13 — (3.1) of the Family Law Rules addresses the documents that must be included with a party’s financial statement where child or spousal support has been sought. A party should provide an updated Certificate of Financial Disclosure (Form 13A) to the other party with this documentation.
If disclosure cannot be resolved prior to the case conference, the party seeking disclosure must include in their materials a list of the outstanding disclosure in accordance with Rule 13(11.01) of the Family Law Rules .
The court may award costs pursuant to Rules 17(18) or 24(7) where a party has failed to comply with their disclosure obligations.
Counsel and parties should address all disclosure issues in advance of the settlement conference. Any motions for disclosure must be heard in advance of the settlement conference.
More information about financial statements and the documents that shall be exchanged to support a financial statement is available here .
1. Automatic Disclosure Orders Under Rule 8.0.1
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textCentral West Region Practice Direction
Rule 13 — (3.1) of the Family Law Rules sets out which documents MUST be included with a Financial Statement where child or spousal support has been sought. An updated Certificate of Financial Disclosure must be provided to the other party.
A party who has not made all reasonable efforts to comply with their disclosure obligations may be subject to a cost sanction, directions/terms imposed and/or the adjournment of any motion brought by that party until compliance. In egregious cases, upon motion, continued non-compliance may result in a party’s pleadings being struck or found in contempt of Court.
C. Motions to Change
The Family Law Rules direct the Court to determine the next steps in a Motion to Change, with a view to ensuring that these motions proceed in the most efficient manner appropriate in the circumstances. The Court is directed to determine the most appropriate process for reaching an expeditious and just conclusion of the case in the circumstances.
A new Motion to Change Endorsement form is available here. Parties are encouraged to provide a draft Motion to Change Endorsement form with their materials for the first judicial conference to obtain early direction regarding the most appropriate process for the case.…
Ontario Superior Court of JusticeSuperior Court of Justice — Central West
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 43 — allows parties to choose a Binding Judicial Dispute Resolution (JDR) as a summary process to resolve a family dispute instead of a trial. Through Binding JDR, parties ask the same judge to assist in settling their issues on consent and to make final orders about unresolved issues in a single hearing. Prior to the Binding JDR proceeding, the parties must sign a request and consent form and obtain the approval of the court.
A Binding JDR hearing includes both settlement and adjudication. The judge conducting the Binding JDR hearing will explore possibilities for resolution with the parties. As in any court proceeding, the judge conducting the Binding JDR hearing has an oversight role and must approve any terms of settlement.
For issues that cannot be resolved on consent, the judge will hear submissions from the parties about the orders they seek. The judge may ask the parties questions and request additional information, if necessary, to reach an informed and fair decision. The parties do not have an automatic right to call or cross-examine witnesses at a Binding JDR hearing.
At the conclusion of the Binding JDR hearing, the judge will provide a final order on the issues, including those that have been resolved on consent.
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 1.3 — of the Family Law Rules requires a member of the public to give 10 days’ written notice to the parties before the member of the public may access a family court file involving:
Decision-making responsibility, parenting time or contact with respect to a child under the Divorce Act or Part III of the Children’s Law Reform Act ;
Orders under Part I of the Children’s Law Reform Act (parentage); or
International child abduction.
The member of the public must also send notice to the Children’s Lawyer if the Children’s Lawyer is representing a child in the case or conducting an investigation for the court.
After receiving notice, a party who wishes to restrict access to the file has 10 days to file a 14B motion. If such a motion is brought, court staff may refuse the requested access until the court decides the motion.
Before the member of the public is granted access to the file, they must file an affidavit (Form 14A) confirming 1) the date on which they gave notice under Rule 1.3, to whom and by what method; and 2) that they have not been served with a motion for a restricted access order.
The following persons are exempt from the notice requirement under Family Court Rule 1.3:
A party or their counsel;…
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textCentral West Region Practice Direction
Rule 48.04 — sets out the consequences of setting the action down for trial. Rule 48.04 provides that a party who sets an action down for trial or consents to placing the action on the trial list cannot initiate or continue any form of discovery or interlocutory motion without leave of the Court. Leave will be granted only in rare circumstances.
In some locations, the Registrar will provide an Assignment Court date to the party who set the action down for trial. That party must ensure that all interested parties are properly identified in the Notice of Assignment Court.
At the Assignment Court, the action will, unless there are exceptional circumstances, either be placed on a trial list or struck from the trial list. If placed on a trial list, all parties are deemed ready for trial.
Where an action is struck from the trial list, counsel and parties must obtain a court order granting them leave to restore it to the trial list in accordance with Rule 48.11. Such and order may be obtained by writing to the Court, on the consent of both parties, confirming that all parties are ready to proceed to trial. Upon receipt of such a request, the court will likely add the matter to the next Assignment Court date without the need for any further attendance.
B. Pre-Trials
For all locations except Brampton, pre-trial dates can be reserved on Calendly. See Part 1, Section D .…
Ontario Superior Court of JusticeSuperior Court of Justice — Central West
Open official source ↗