2. Fill out your court forms
To respond to your partner's claims, or what they're asking for, you have to fill out Form 10: Answer. The form should be in the documents your partner served. If it isn't, you can get it, and any other family law court form, from the courthouse or online.
Family law court forms are available in French and English.
In Form 10: Answer, you tell the court:
- which of your partner's orders you agree with, if any, and which ones you don't agree with
- any other orders you would like the court to make, with facts and reasons for each order you're asking for
For example, you may agree to your partner’s custody and access plans, but disagree with the amount of child support they're asking for. And, you may want to ask for spousal support. Or, if your partner has asked the court for sole custody, you can tell the court why you don't agree with that and why you would like joint custody.
The other forms you fill out depend on what you or your partner are asking for.
Support and dividing property
If you or your partner are asking for child support, spousal support, or to divide property, you must also fill out a financial statement. Rule 13: Financial Disclosure tells you the financial information and other documents you have to give the court.
But, if the amount of child support you're asking for is similar to the amount you would get under the Child Support Guidelines and child support tables, you don't have to fill out a financial statement.
If you're being asked to pay child support, you must almost always fill out a financial statement.
There are 2 financial statement forms. Fill out the financial statement that applies to your situation.
- Form 13: Financial Statement (Support Claims): Use this form if you or your partner are asking only for child support, spousal support, or both child support and spousal support. Don't use it if you need to divide property and debts.
- Form 13.1: Financial Statement (Property and Support Claims): Use this form if you or your partner are asking to divide property and debts. You may also be asking for support.
You may also have to fill out:
- Form 13A: Certificate of Financial Disclosure
- Support Deduction Order
- Support Deduction Order Information Form
Custody and access
If you or your partner are asking for custody of or access to your children, you need to fill out Form 35.1: Affidavit in Support of a Claim for Custody or Access. In it, you answer some personal questions about your family situation and tell the court about your suggested parenting plan.
If you or your partner are asking for a divorce, the forms you fill out depend on whether you're: