Motion to change: is 14A Affidavit required?

K

kidsRworthit

New member
Insight encouraged...

In Ontario, I cannot see any direction under procedures that a form 14A (Affidavit - general) be included with a Motion to Change (form 15).

Only under Service, did I see reference to it:
Motion to Change (Form 15), along with an affidavit (Form 14A).

https://www.ontario.ca/document/guide-procedures-family-court/serving-your-documents

I suspect that it's prudent to include a form 14A (with Exhibits) to support any claims being made.

Care to chime in?
Thanks
 
rockscan said:
Include it. It outlines your arguments for the judge.
Click to expand...

Understood and appreciated Rockscan!
: the more context/credible supporting material = the more pieces of the puzzle the judge possesses to formulate a picture...

Comment: I noticed in long motions (> 1hr.); a Factum is required by the moving party.
Question: When a court date is actually realized (subsequent to first appearance and Case Conference) for a (long) motion to change; am I entitled to serving and filing a Factum with my materials?

Why? Court experiences have proven it is not uncommon that in shorter duration appearances; judges may have "limited exposure" to cases before them. In the odd situation, due to time constraints, some judges may have read little in advance

So what? A well written Factum (assuming it is read) provides the judge with the appropriate context to the case (tantamount to a good oral argument). This contains the ability for the judge to reason the case in advance preparation of the court appearance...

Thanks for your insight!
 
An affidavit goes with motions. A motion to change is an application, not a motion. You don't do a 14A with your application which already outlines everything. That's why it's not included in the procedure for MTC.

A factum is required for a long motion. It wouldn't be allowed without permission in a regular motion.

A court date realized for a MTC is trial. Should you book a long motion, a factum is required. If a regular motion is booked, an affidavit is only required. Otherwise you're waiting for trial. You aren't allowed to file affidavits at will.
 
StillPaying said:
An affidavit goes with motions. A motion to change is an application, not a motion. You don't do a 14A with your application which already outlines everything. That's why it's not included in the procedure for MTC.

A factum is required for a long motion. It wouldn't be allowed without permission in a regular motion.

A court date realized for a MTC is trial. Should you book a long motion, a factum is required. If a regular motion is booked, an affidavit is only required. Otherwise you're waiting for trial. You aren't allowed to file affidavits at will.
Click to expand...

Appreciate your succinct yet comprehensive response!

Employee at Family Law Counter at courthouse identified that correct form to use to change a final order (for CS) is Motion to Change (form 15). Was informed that first court date would be before clerk, then second court date would be Case Conference...

Thankls - will persevere through this convoluted process...

So, "Motion" to Change is a misnomer then; and it's rather an application.
 
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