Family-court decisions are made on evidence that is properly put before the court, not simply on allegations or documents that happen to exist.
Process
Evidence, affidavits and exhibits
Court: Ontario family courts — court-specific procedure may differ
Family-court decisions are made on evidence that is properly put before the court, not simply on allegations or documents that happen to exist.
Evidence is the factual material the court is permitted to consider. On many motions, evidence is given by affidavit with attached exhibits. At trial, evidence can include live testimony, documents, admissions and other admissible material. The rules of evidence and the Family Law Rules affect how that material is presented and challenged.
An affidavit should distinguish facts within the witness’s knowledge from information learned from someone else, identify the source where required, and attach only exhibits that actually support the evidence. Argument and conclusions belong in submissions; the affidavit’s main job is to place relevant facts before the court in an admissible form.
Relevance is not enough by itself
Evidence also has to be presented in a form the court can lawfully consider. Hearsay, authenticity, privilege and opinion evidence can raise separate issues.
Exhibits need context
Attaching a document without explaining what it is, where it came from and why it matters may leave the court without the foundation needed to use it.
Trial evidence differs from motion evidence
A paper record used on a motion does not automatically become trial evidence. Trial preparation should identify how each necessary fact will actually be proved.
Law and rules
Relevant official provisions
Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 43 — contains more information about Binding JDR, how to request and schedule a hearing, how to file evidence for the hearing and what parties can expect at a Binding JDR hearing. The forms for requesting and participating in a Binding JDR hearing are available on the Ontario Court Forms website :
Form 43: Binding Judicial Dispute Resolution Hearing Request and Consent
Form 43A: Binding Judicial Dispute Resolution Hearing Request and Consent – Office of the Children’s Lawyer
Form 43B: Affidavit for Binding Judicial Dispute Resolution Hearing
Form 43C: Confirmation of Binding Judicial Dispute Resolution Hearing
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Part C — : Case Center
Case Center is an online platform where judges, parties and court staff view electronic documents for court hearings. This Part sets out requirements specific to family hearings using Case Center.
Information on Case Center, including how to access Case Center, upload to Case Center, use Case Center effectively during court appearances and access support for Case Center, is available on the Superior Court of Justice's website here .
The following directions regarding Case Center do not apply in the Toronto Region. Counsel and parties must refer to the Consolidated Practice Direction for the Toronto Region for information about using the Ontario Court Public Portal.
1. Uploading to Case Center
Uploading a document to Case Center does not constitute filing of the document. Unless the court orders or a practice direction provides otherwise, only documents already filed with the court may be uploaded to Case Center. See Part A(1) for directions on online filing.…
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Part D — : Motions
1. Short and Long Motions
The times for short and long motions are noted in the regional practice directions . Counsel and parties may also contact the court location to find out whether a motion will be treated as short or long.
2. Filing Materials for Motions
Focused materials facilitate better hearings. Unfortunately, many filings include irrelevant or excessive material with voluminous attachments. Counsel and parties must prepare material that is focused and includes only documents directly relevant to the outstanding issues.
a) Font Size and Spacing
All documents filed for a family motion must be prepared using at least 12-point font and double spacing.
b) Restrictions on Filing Motion Materials
Each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed:
12 pages of narrative for short or regular motions; or
20 pages of narrative for long motions.…
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Binding law / official textCentral East Region Practice Direction
Part 3 — : Family Proceedings
A. Scheduling Events
The Trial Coordinators in each centre can be contacted by e-mail as follows:
Barrie, Bracebridge, Orillia, Midland, Collingwood – Barrie.SCJ.TC@ontario.ca
Newmarket – Newmarket.SCJ.TC@ontario.ca
Oshawa – Oshawa.SCJ.TC@ontario.ca
Peterborough, Lindsay, Cobourg – Peterborough.SCJ.TC@ontario.ca
Lindsay (Family) – Lindsay.scj.family@ontario.ca
Child Protection Matters
Dates in child protection matters shall continue to be set by the case management judge or through the Trial Coordinator
B. Motions
Regular Motions
Regular motions (limited to one hour) can be scheduled through the Trial Coordinator or while setting next steps before the case management judge. Each party is limited to one short motion each without leave of the case management judge.
The court is scheduling four motions per judge on each motions day to be set in accordance with local practice.…
Ontario Superior Court of JusticeSuperior Court of Justice — Central East
Binding law / official textCentral South Region Practice Direction
Section 17
Kitchener /Waterloo – WaterlooRegionFamily@ontario.ca
St. Catharines – SCJStCatharinesCourthouse@ontario.ca
Welland – SCJWellandCourthouse@ontario.ca
Brantford – brantfordscjcourt@ontario.ca
Cayuga – haldimandcountycourt@ontario.ca
Simcoe – simcoe.scj.courts@ontario.ca
The Affidavit submitted in support of the motion should include sufficient detail, including particulars about why the matter is urgent and enough background information for the judge to understand the context and circumstances in which the request arises. Litigants who are representing themselves are encouraged to seek legal advice.
H. Materials for Motions
Short Motions can be argued in less than an hour, excluding time for a judge to render a decision.
Long Motions are for motions expected to be more than one hour.
In accordance with the Provincial Practice Direction, each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed:
12 pages of narrative for short or regular motions, and…
Ontario Superior Court of JusticeSuperior Court of Justice — Central South
Binding law / official textCentral South Region Practice Direction
Part 10 — : Civil Proceedings
A. Filings
Counsel and parties in civil proceedings are advised to refer to the Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice, for the filing of court documents and limited filing by email. The Consolidated Provincial Practice Direction is available at: Consolidated Civil Provincial Practice Direction
The Court will accept limited filing by e-mail at the specific e-mail addresses indicated below in accordance with Part 1 A 8 B, C, D, of the Consolidated Provincial Practice Direction.Click Here for the Limited Filing by Email section.
Hamilton — Hamiltonciviloffice@ontario.ca
Kitchener /Waterloo — KitchenerCivil-SCC-Enforcement@ontario.ca
St. Catharines — SCJStCatharinesCourthouse@ontario.ca
Welland — SCJWellandCourthouse@ontario.ca
Brantford — Brantfordscjcourt@ontario.ca
Cayuga — HaldimandCountyCourt@ontario.ca
Simcoe — Simcoe.SCJ.Courts@ontario.ca
B. Emergency Civil Motions…
Ontario Superior Court of JusticeSuperior Court of Justice — Central South
Binding law / official textToronto Region Practice Direction
Section 14B — Motions (on consent, unopposed and simple procedural motions)
X
While the Presumptive Modes Guideline will be followed, whether to change the presumptive mode of a proceeding is ultimately at the discretion of the judiciary. The following is the process to request a change to the presumptive mode:
Requests shall be made during conferences to the conference judge or in court to the judge scheduling the next attendance.
For matters that are already scheduled, parties may file a request for a virtual hearing form, which can be found here . The form must be filed through the Ontario Courts Public Portal, and also attached to an email to the following address: FamilyTrialOffice-SCJ-Toronto@ontario.ca . The subject line should say “Request for Virtual Hearing” and include your court file number and OCPP reference number . All parties must be copied on this email. The request must be made at least 14 days before the event.
C.2 Electronic Filing and Issuance…
Ontario Superior Court of JusticeSuperior Court of Justice — Toronto
Binding law / official textToronto Region Practice Direction
Section 14 — B Motions
A Form 14B Motion must be through the Ontario Courts Public Portal . A Form 14B Motion Form should be accompanied by a proposed Order (Form 25 ).
Compendiums
A Compendium* containing the documents and evidence that are essential to the hearing of the motion may be provided for long or complex motions. A party wishing to file a Compendium should file it with their factum. A joint Compendium may be filed with the respondent’s factum.
*A compendium would normally include the Notice of Motion, Affidavits and Financial Statements, as well as excerpts from the evidence and exhibits that will be referred to in the argument of the motion. Urgent Motions on Notice
A party may seek an urgent motion on notice without a case conference in situations of urgency or hardship including issues such as abduction, threats of harm or dire financial harm. A party seeking such a motion must file all of the required materials except for a Form 14C Confirmation .
Urgent Motions without Notice…
Ontario Superior Court of JusticeSuperior Court of Justice — Toronto
Current OCJ guidance on trial management conferences, including Form 17E, Form 17F, witness/document preparation and Rule 17 service and filing.
Key points
Purpose
The OCJ describes a trial management conference as the stage used to get the case ready for trial and identifies Rule 17(6) as the governing conference provision.
Forms
The OCJ identifies Form 17 and Form 17E: Trial Management Conference Brief as documents to complete, serve and file before the conference.
Bring a concrete trial plan
The OCJ tells parties to bring witness information, the documents they expect to rely on, and estimates for cross-examination time.
Trial issues come from the pleadings
The OCJ warns that the trial is limited to the issues raised in the original documents unless the case has been properly changed.
Confirmation
The OCJ identifies Form 17F as the Confirmation of Conference for a trial management conference and directs parties to Rule 17(14).
Continuing Record
The OCJ states that Form 17E is placed in the Continuing Record.
Ontario Court of JusticeTrial management conference forms, trial preparation, witnesses and confirmationSource checked 2026-08-07
Official Ontario family-law form or related court document: Request for Information. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 20, “Request for Information”.
Current official version
The current English version is version dated 2005-08-31 and effective 2006-04-30.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 20 — Request for InformationSource checked 2026-08-08
Official Ontario family-law form or related court document: Acknowledgment of Expert's Duty. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 20.2, “Acknowledgment of Expert's Duty”.
Current official version
The current English version is version dated 2019-05-31 and effective 2019-08-31.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 20.2 — Acknowledgment of Expert's DutySource checked 2026-08-08
Official Ontario family-law form or related court document: Authorization to Commissioner. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 20A, “Authorization to Commissioner”.
Current official version
The current English version is version dated 2005-08-31 and effective 2006-04-30.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 20A — Authorization to CommissionerSource checked 2026-08-08
Official Ontario family-law form or related court document: Letter of Request. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 20B, “Letter of Request”.
Current official version
The current English version is version dated 2005-08-31 and effective 2006-04-30.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 20B — Letter of RequestSource checked 2026-08-08
Official Ontario family-law form or related court document: Request to Admit. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 22, “Request to Admit”.
Current official version
The current English version is version dated 2005-08-31 and effective 2006-04-30.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 22 — Request to AdmitSource checked 2026-08-08
Official Ontario family-law form or related court document: Response to Request to Admit. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 22A, “Response to Request to Admit”.
Current official version
The current English version is version dated 2005-08-31 and effective 2006-04-30.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 22A — Response to Request to AdmitSource checked 2026-08-08
Official Ontario family-law form or related court document: Summons to Witness. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 23, “Summons to Witness”.
Current official version
The current English version is version dated 2023-08-31 and effective 2024-01-14.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 23 — Summons to WitnessSource checked 2026-08-08
Official Ontario family-law form or related court document: Summons to Witness outside Ontario. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 23A, “Summons to Witness outside Ontario”.
Current official version
The current English version is version dated 2023-08-31 and effective 2024-01-14.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 23A — Summons to Witness outside OntarioSource checked 2026-08-08
Official Ontario family-law form or related court document: Order for Prisoner’s Attendance. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 23B, “Order for Prisoner’s Attendance”.
Current official version
The current English version is version dated 2005-08-31 and effective 2006-04-30.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 23B — Order for Prisoner’s AttendanceSource checked 2026-08-08
Official Ontario family-law form or related court document: Affidavit for Uncontested Trial. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 23C, “Affidavit for Uncontested Trial”.
Current official version
The current English version is version dated 2020-11-30 and effective 2021-02-28.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 23C — Affidavit for Uncontested TrialSource checked 2026-08-08
Official Ontario family-law form or related court document: Notice for Taking Further Evidence. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this as Form 37E, “Notice for Taking Further Evidence”.
Current official version
The current English version is version dated 2005-08-31 and effective 2006-04-30.
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.
Ontario Court ServicesFamily Law Rules Forms — Form 37E — Notice for Taking Further EvidenceSource checked 2026-08-08
The Superior Court guide explains motion preparation, materials and what to expect when a judge hears a family motion.
Key points
A motion is decided on the material properly before the judge
The Superior Court guide explains the documents used to present the request, evidence and response. Affidavits are used to put evidence before the court on many family motions.
Court and regional directions can add requirements
Confirmation, page limits, factums or summaries of argument, filing timing and hearing-length rules may depend on the type of motion and the Superior Court region.
Ontario Superior Court of JusticeWhat happens at a family law motion?Source checked 2026-08-08
Ontario’s procedural guide explains the family-court trial stage, including preparation, trial records, evidence and what happens at the hearing.
Key points
Trial is the final hearing of unresolved issues
At trial the court hears the evidence and legal positions needed to decide issues that have not otherwise been resolved.
Trial preparation starts before the trial date
Trial records, witnesses, documents and other required material are prepared under the Rules and any trial scheduling directions.
Evidence has rules
Documents and witnesses are not automatically evidence merely because they exist in a file. Trial evidence must be presented in a way permitted by the applicable rules and court directions.
Ontario Ministry of the Attorney GeneralFamily trial preparation; trial record; evidence and hearing sequenceSource checked 2026-08-07