Navigating Ontario family law can be a daunting task, particularly when it comes to the paperwork involved. From court forms to applications and motions, understanding and completing these documents correctly is essential for a smooth and successful legal process. However, the complexity and legal jargon often make it challenging for individuals to understand and fill them out.
One such document is the Form 14B Motion Form. It is used in Ontario courts when:
- You want the court to make an order on a simple or procedural matter or;
- You and the other party agree on what order should be made and the agreement is set out in a signed consent or minutes of settlement.
You would use 14B for matters such as rescheduling a court date, asking the court for permission to file an answer after the deadline has passed, or changing a final order (other than one for child support only) through mutual consent.
Although Form 14B can be an important part of your Ontario family law matter, filling it out can be complicated. In this blog, the team at Galbraith Family Law explains everything you need to know about completing this form. We’ll go over what information you need to provide for each section and how our Toronto divorce lawyers can help.
Importance of Correctly Filling Out the Form
Filling out the Form 14B Motion accurately is crucial for several reasons:
- Procedural Compliance: Proper completion of the form ensures that your motion meets the court’s procedural requirements. Errors or omissions may result in rejection or dismissal, causing unnecessary delays.
- Clarity and Coherence: Accurately filling out the form lets you clearly and coherently present your request to the court. This helps the court understand the relief you are seeking and the legal basis for your request, increasing the likelihood of a favorable outcome.
- Efficiency in the Court Process: Correctly filled forms expedite the court process. Judges and court staff can easily review and assess your motion, reducing the likelihood of confusion or unnecessary delays. This contributes to a more efficient and streamlined legal process.
Completing Form 14B Motion Form
Begin by filling in the name of the court and its address, followed by the court file number for your case. Next, check the box that states, ‘I am making this motion.’ Then fill in the names of the parties involved, ensuring that the applicant is the same party who filed the original application or motion and the respondent is the same party who was the respondent in the original application or motion.
For the next scheduled hearing date, indicate ‘not applicable’ unless the court requires a date or you were given a specific date to request the order. If applicable, provide the name of your case management judge. Then check the box indicating whether you are the applicant or respondent.
Information About the Motion
Three options cover different circumstances under which a 14B motion can be brought to court. Choose the one that applies to your situation:
- With the Consent of All Persons Affected: If the other party is aware of your 14B motion and agrees to the requested action, check this box. When the other party consents, additional documents are generally not necessary. However, attaching written consent from the other party, such as an email or text message expressing their agreement, can be helpful.
- With Notice to All Persons Affected: If the other party has not provided their consent, check this box. You will need to serve a copy of your 14B motion to the other party, ensuring they are aware of your request. Indicate whether you expect the motion to be opposed or unopposed.
- Without Notice: This one typically applies in exceptional circumstances. You wouldn’t normally use it when, for example, requesting an adjournment.
If you are filing a motion to change past and future support payments under an order assigned to a government agency, it is crucial to serve this motion form on that agency as well. Failure to do so may result in the agency requesting the court to invalidate any order you obtain through this motion and potentially seek court costs against you.
Order That You Want the Court to Make
In the next section, specify the order you are seeking from the court, such as an adjournment of a case conference. Provide clear and simple reasons for your request. For instance, if you have a medical appointment conflicting with the originally scheduled case conference, provide the date, time, and purpose of the appointment.
If the reasons for your request are complex, consider including a Form 14A Affidavit that explains the circumstances. While not strictly necessary, this can be helpful with some types of requests.
Laws and Rules on Which You Are Relying
This is where you provide details about the laws and rules underscoring your request. In most cases, you are relying on Ontario Family Law Rule 14(10) but consult with a lawyer to determine if there are additional laws or rules you should include.
How You Want the Court to Deal With the Motion
Indicate how you want the court to deal with this motion:
- By relying only on written material.
- In a hearing that everyone involved in the case may attend personally.
- By conference telephone call. (An appointment must be made in advance; see rule 14 of the Family Law Rules.)
The Material You Are Relying On
Indicate what material you are relying on as a basis for the motion. There are two options:
- Tabs/pages of the continuing record. You will need to specify the page numbers.
- The transcript of someone’s evidence. Once again, you will need to specify the page numbers in addition to the date the witness provided their evidence.
Complete the form by filling in the contact information for your lawyer and that of the other party. Sign and date it at the bottom.
Serving Form 14B
After completing the form, serve it on the other party before filing it with the court, even if it is on consent. Include a 6B Affidavit of Service. Keep in mind that Form 14B must be filed at the Family Law Counter and cannot be filed by fax.
How Can Galbraith Family Law Help?
Retaining legal counsel can help ensure that critical documents like Form 14B are correctly prepared and served. At Galbraith Family Law, our lawyers have extensive experience in handling a wide range of Ontario family law matters and regularly assist clients with the completion and submission of Form 14B. Here’s how we can help you:
- Expert Guidance: The team at Galbraith Family Law consists of experienced family law professionals who are well-versed in the intricacies of the Form 14B Motion Form. We can provide expert guidance and ensure that you accurately complete the form, addressing all necessary sections and including relevant details.
- Customized Approach: We understand that each case is unique and will take the time to understand your specific circumstances and tailor our assistance accordingly. Whether you require help with drafting the reasons for your request or guidance on supporting documents, we will provide personalized support.
- Personalized Legal Advice: Galbraith Family Law can offer personalized legal advice specific to your case. We will assess the specifics of your situation, evaluate the legal options available, and advise you on the best course of action regarding your request.
- Document Preparation: Filling out the Form 14B Motion Form accurately is crucial. Galbraith Family Law can assist in preparing the form, ensuring that all necessary information is included and that it is clear and concise. Our experience minimizes the risk of errors or omissions that could lead to complications or delays.
- Serving the Form: After Form 14B is completed, it must be properly served on the other party involved in the case. Galbraith Family Law can arrange for the service and prepare the required affidavit of service, demonstrating that the other party has been notified of the motion.
- Representation in Court: If the other party disagrees with your request and files their own documents in response, Galbraith Family Law can provide representation in court. We will advocate for your interests, presenting your case effectively and working towards a favorable outcome.
Whether they’re filling out Form 14B or addressing other issues related to their case, clients can rely on Galbraith Family Law’s compassionate and knowledgeable team to provide the effective representation they need.
Do You Have Questions About How to Fill Out Form 14B?
Form 14B Motion Form plays a crucial role in Ontario family law matters, allowing individuals to request court orders on various procedural matters. Nevertheless, it can be challenging to complete it correctly.
With our experienced team of family lawyers, Galbraith Family Law can assist you in navigating the different stages of your family law case. Whether you need help completing and serving the form or require competent and effective representation in court, we can help. If you have questions or would like to schedule a no-obligation consultation, contact us today.