(LPIC)Fill out the forms

Fill out the forms

You'll need:

Your original Application to Obtain an Order (or the counterclaim on your Reply) must include the category of order you're asking for an interim order for.

For example, if you're asking for an interim order about parenting, child support, and spousal support, but your Application to Obtain an Order (or the counterclaim on your Reply) doesn't say you want spousal support, you'll have to file another Application to Obtain an Order (or counterclaim) saying you're asking for spousal support before you can file the Notice of Motion.
You can download blank forms and instructions for filling them out from the links above, or from the courthouse services section of the provincial Law, Crime, and Justice website. You can also get free printed forms from the Family Court registry in the town or city where you live.

You can use the Notice of Motion (Form 16) to apply for an interim order for:

  • guardianship,
  • allocation of parenting responsibilities,
  • parenting time,
  • contact with a child,
  • child or spousal support, and
  • procedural orders like orders to disclose information.

On the Notice of Motion form:

  • Tick the box that shows you're applying for an interim order under section 216 or 217 of the Family Law Act.
  • In the blank area under the list of check boxes, write the interim orders you would like the court to make.
  • You will fill in the space for the date and time of the hearing when you file the Notice of Motion at the court registry.
Because you're filing the Notice of Motion, you're called the applicant. The person responding to the Notice of Motion is called the respondent.

This can be confusing because the person filing the Application to Obtain an Order is also called the applicant and the person filing the Reply is the respondent. But the original respondent can be the one to file a Notice of Motion so can be called the applicant just for that particular application.

An Affidavit (Form 17) is a document that states facts that you swear under oath or affirm to be true in front of:

  • a lawyer,
  • notary public, or
  • commissioner for taking affidavits.

However, the person who served the documents must swear or affirm an Affidavit of Personal Service (before giving it to you to file) if they won't be attending the hearing.

The affidavit on an interim application states the facts that support the order you're asking the court to make. This is your evidence. You can give your evidence in person in court instead of filing an affidavit. But your application may go more smoothly if you file an affidavit with your evidence.

For more information about what to put in an affidavit or what to say in court, see Checklist of information to include in an affidavit or present in court and How do you draft an affidavit?. The checklist is for guidance, but the affidavit must be tailored to your specific circumstances. You can only put things in an affidavit that you have direct knowledge of.

If you already filed a Financial Statement with your Application to Obtain an Order (or your Reply), you don't need to do it again. Go to the next step.

To figure out if you have to file a Financial Statement, and for help filling it out if you do, see Complete a Provincial Court Financial Statement (Form 4).

Updated on 7 June 2024