Form 11A – Affidavit for Jurisdiction

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 11A – Affidavit for Jurisdiction?

Form 11A is a sworn affidavit used in family cases in the Ontario Superior Court of Justice. You use it to give the court clear facts about your child’s connection to Ontario. The court needs those facts to decide if it has legal authority to make parenting orders. Those orders can include decision-making responsibility, parenting time, or contact.

Think of jurisdiction as the court’s power to deal with your case. The court cannot make parenting orders unless Ontario is the right place. Form 11A gives the judge the facts to make that call at the start of your case.

Who typically uses this form?

Parents, step-parents, grandparents, or anyone asking for a parenting or contact order involving a child. Lawyers file it on behalf of clients. Many self-represented litigants complete it themselves.

Why would you need this form? You need it when your case involves parenting claims, and there is any chance the child has ties outside Ontario. That includes recent moves, time spent living in another province or country, or other court cases elsewhere. Even if your child has lived only in Ontario, the court needs this affidavit if your case contains parenting claims. It gives the court the facts it must consider by law.

Typical usage scenarios

• You file an application asking for decision-making responsibility and parenting time. Your child has lived in Ontario for the past two years. You complete Form 11A to confirm that history.

• Your former partner moved with the child to another province a few months ago. You still live in Ontario. You file Form 11A to explain the child’s past residence and the recent move.

• There is a court order from another country about custody. You seek a new order in Ontario. You use Form 11A to identify the foreign order and the child’s current ties to Ontario.

• You believe emergency orders are needed because of safety concerns. You use Form 11A to explain the urgency and the child’s location.

Form 11A does not grant you any order. It is evidence in support of your application or motion. It helps the judge decide if Ontario has the authority to hear the parenting claims now.

When Would You Use a Form 11A – Affidavit for Jurisdiction?

You use Form 11A at the start of a family case that includes parenting claims. You also use it when you later add parenting claims to an existing case. The court uses this affidavit to test jurisdiction at the beginning, before dealing with the merits.

You also use this form when there is a dispute about which place should hear the case. For example, the other parent may ask the court to stay or dismiss your case because the child’s home is elsewhere. Your Form 11A sets out facts about the child’s residence, school, health care, and community ties. It should also disclose other proceedings and orders. The judge weighs those details to decide if Ontario is the right forum.

Parents and guardians most often complete this form. A grandparent or other relative seeking a contact order may also need it. A child’s non-parent caregiver can also file it if they seek decision-making responsibility or parenting time. If your claims relate only to support, the court may not need Form 11A. But if any claim involves parenting or contact, expect to file it.

You also use Form 11A when relocation has happened or is planned. If one parent moved across provincial or international borders, jurisdiction becomes a live issue. The court will consider the child’s habitual residence and any agreements or court orders about the child. The affidavit gives the court a clear timeline of where the child lived and for how long.

If there is a foreign or out-of-province order, Form 11A is critical. You must identify those orders and provide certified copies if possible. The court may need to decide whether to recognize or enforce them. Your affidavit helps the court see the full legal picture.

If there is family violence or abduction risk, you still use Form 11A. You give the judge enough facts to assess urgency and safety. You can request limited disclosure of sensitive address details if safety is a concern. Ask the clerk or duty counsel about safe filing practices if risk is present.

Legal Characteristics of the Form 11A – Affidavit for Jurisdiction

Form 11A is a sworn affidavit. That means you swear or affirm that its contents are true. You do this before a commissioner for taking affidavits, a lawyer, a notary, or authorized court staff. Because it is sworn, it carries legal weight as evidence. The judge can rely on it to make early procedural decisions, including jurisdiction.

The affidavit does not create rights by itself. It is not an order and is not self-enforcing. It supports the court’s authority to proceed. If the court decides it lacks jurisdiction, your parenting claims will not move forward in Ontario. If the court accepts jurisdiction, the case proceeds to conferences, motions, or trial.

Enforceability flows from two things. First, the Rules of the Court require sworn evidence on jurisdiction for parenting claims. Second, your oath gives the content evidentiary force. If the other party disputes your facts, the judge may order cross-examination or further evidence. If your affidavit is untruthful, you risk credibility damage and possible penalties. Perjury is a criminal offence. Always be accurate and complete.

The court’s jurisdiction in parenting matters usually depends on the child’s habitual residence. The court also considers whether another court is already dealing with the child. Emergency factors and significant connections to Ontario can also play a role. Your affidavit should address these factors directly and clearly.

Be mindful of parallel proceedings. If you know of any case in any court involving the child, disclose it. Identify the court location, file number, and issues. Attach copies of orders if you have them. The judge needs this to avoid conflicting orders across borders.

If there is a risk to a child, the court may make temporary orders even if long-term jurisdiction is uncertain. Your affidavit should explain the risk and why the court’s immediate help is needed. Keep the facts specific and practical.

Privacy is important. Use the child’s full legal name and date of birth. Provide address history for the time periods the form requests. If safety is an issue, ask about ways to protect address details while meeting disclosure duties. The court balances safety with the need for fair process.

How to Fill Out a Form 11A – Affidavit for Jurisdiction

Follow these steps. Work carefully and keep your answers clear and specific. Short sentences help.

1) Prepare the case header

• At the top, enter the court name: Ontario Superior Court of Justice.
• Add the court location. Use the courthouse where you file your case.
• If you already have a court file number, include it. If not, leave it blank until the clerk assigns it.
• Enter your full legal name as the applicant or respondent, as it appears on your other forms.
• Enter the other party’s full legal name.

2) Identify yourself as the deponent

• State your name, address for service, and contact details.
• State your relationship to the child. For example, “I am the child’s mother.”
• Confirm that you make this affidavit in support of the court’s jurisdiction.

3) List the child or children

• For each child, provide the full legal name and date of birth.
• Identify the child’s current address. If safety is a concern, ask the clerk how to handle this.
• State who the child lives with now.

4) Give a complete five-year address history

• For each child, list all addresses for at least the past five years.
• For each address, include:
• Street, city, province or state, and country.
• Dates the child lived there (month and year).
• The name of the person the child lived with at that address.
• If the child is under five, cover the child’s entire life.
• If there are gaps, explain them. For example, “Lived with grandparents for three months between homes.”

5) Describe schooling and health care links

• Name the child’s current school and when attendance started.
• List previous schools within the past five years, with dates.
• Name the child’s current family doctor or clinic, if known.
• List any important services. For example, speech therapy or counseling. Provide dates and locations.

6) Identify other court cases and orders

• State whether any court, in Ontario or elsewhere, has made orders about this child.
• If yes, give the court location, file number, dates, and the main terms of the order.
• Attach a copy of each order if you have it. Mark each as an exhibit. For example, “Exhibit A.”
• State whether any case is currently open in another court, in any place. Give details.

7) Explain any moves or relocations

• If the child moved within the past year, explain when, where, and why.
• Confirm whether the move was consented to or ordered by a court.
• State if the child is expected to move again. Explain the plan and timing if known.

8) Address habitual residence and connection to Ontario

• Based on the facts above, state where you believe the child’s habitual residence is.
• Explain why. Focus on time lived, school, health care, and community ties.
• If the child has strong ties to Ontario, describe them clearly.

9) Raise any safety or urgency issues

• If there is family violence or abduction risk, state specific facts.
• Include dates, locations, and any police or child protection involvement.
• Attach supporting documents if available. For example, safety plans or reports.
• Ask for any needed privacy steps. For example, limiting address disclosure in the file.

10) Provide facts about the other parent’s location

• State where the other parent or person with parenting rights lives.
• Describe their connection to Ontario, if any.
• Confirm whether they agree with Ontario hearing the case if you know.

11) Disclose agreements and negotiations

• State whether you have any written or verbal agreement about parenting or jurisdiction.
• Attach a copy of any written agreement as an exhibit.

12) Confirm your requests

• Refer to the parenting orders you seek in your main case.
• State that you ask the court to find that Ontario has jurisdiction to make those orders.

13) Add exhibits properly

• Label each attachment as an exhibit in order: A, B, C, etc.
• On the first page of each exhibit, write or type: “This is Exhibit [letter] to the affidavit of [your name] sworn [date].”
• Keep exhibits legible and complete. Do not attach partial pages unless necessary and explained.

14) Use schedules if you need more space

• If you run out of room in a section, attach a schedule.
• Title it “Schedule [letter] to the Affidavit of [your name].”
• Refer to the question number in the schedule answers.
• Number the pages. Initial each page.

15) Review for accuracy and completeness

• Check names, dates, and addresses for errors.
• Ensure you include details for the full five years.
• Confirm that all known cases and orders are disclosed.

16) Swear or affirm the affidavit

• Do not sign until you are before a commissioner, lawyer, notary, or authorized staff.
• Bring government-issued photo ID.
• The commissioner will verify your identity, ask if you understand, and watch you sign.
• The commissioner will sign and complete their details.

17) File and serve

• Make at least two copies of the sworn affidavit and exhibits.
• File the original with the court as part of your case record.
• Serve a copy on every other party. Follow the service rules that apply to your case.
• Keep a stamped copy for your records.

18) Update if facts change

• If the child moves or new orders are made elsewhere, file an updated affidavit.
• Serve the update to all parties. The court must have current facts on jurisdiction.

Practical tips:

• Be factual and neutral. Avoid speculation.
• Use dates whenever possible. Vague timelines reduce reliability.
• If you lack a document, say so and explain efforts to get it.
• Do not hide inconvenient facts. The judge needs the full picture.
• If safety is an issue, ask court staff about protective measures before filing.

Common mistakes to avoid:

• Leaving out previous addresses or school history.
• Failing to mention a past or current case in another place.
• Not attaching existing orders or agreements.
• Signing the affidavit before seeing a commissioner.
• Using general statements without dates or details.

Examples:

• You and the child lived in Ottawa for two years. The other parent moved to Quebec last month. The child remains in Ontario. Your affidavit shows the child’s school and doctor are in Ottawa. It lists two years of Ontario addresses and no out-of-province orders. The judge can rely on Ontario’s jurisdiction.

• The child lived in Alberta until six months ago. You moved to Toronto with consent. You attach the consent document and give the six-month Ontario history. You also list the child’s new school and doctor. The judge reviews these facts to decide whether Ontario can proceed now.

• There is a foreign custody order. You moved to Ontario with the child last year. You attach the certified order and translation if needed. You explain the child’s new ties to Ontario. The court considers recognition and jurisdiction based on these facts.

Final check before filing:

• Court name and location are correct.
• Parties named as in your other documents.
• Each child’s five-year history is included.
• Other cases and orders identified.
• Exhibits are labeled and readable.
• Affidavit sworn before a commissioner.
• Copies made, filed, and served.

Your goal is simple. Give the court the facts it needs to decide if Ontario is the right place to make parenting orders. Keep it clear, complete, and honest.

Legal Terms You Might Encounter

• Affidavit is your written, sworn statement of facts. In Form 11A, you set out why the court has authority to hear the case. You state facts that support jurisdiction and swear they are true.
• Deponent is you, the person swearing or affirming the affidavit. Your name appears under the title of the case and above your signature. You must have personal knowledge of key facts or identify your sources.
• Jurisdiction is the court’s power to decide the matter. In this form, you explain factual ties that connect the case to Ontario and to this court. Examples include where events happened, where parties live, or where property sits.
• Venue is the specific location of the court office where you file. It is usually linked to where parties live or where events occurred. Your affidavit should align with that location choice.
• Style of Cause is the case title with party names and roles. It appears at the top of Form 11A and must match your other court documents. Any mismatch can delay filing.
• Court File Number is the unique number for your case. You include it on Form 11A so the court can link your affidavit to the right file. Leaving it blank can cause rejection or misfiling.
• Jurat is the block at the end stating where and when you swore the affidavit. It includes the commissioner’s name and signature. If the jurat is wrong or incomplete, the court may not accept your affidavit.
• Commissioner for Taking Affidavits is the official who administers your oath or affirmation. A notary can also act in that role. Your Form 11A must be sworn or affirmed before one of them.
• Exhibit is a document you attach and refer to in the affidavit. Each exhibit must be marked and signed by the commissioner. In Form 11A, exhibits often show ties to Ontario, such as contracts or addresses.
• Information and Belief mean facts you state based on what others told you. You must name your source when using information and belief. For Form 11A, use this sparingly and identify who provided the information.
• Sworn or Affirmed refers to how you make the affidavit legally binding. Sworn uses an oath; affirmed is a non‑religious promise. Both are equally valid for Form 11A.
• Service means delivering documents to other parties. If you file Form 11A for a motion or step, you may need to serve it. Follow the service method required for your case type.

FAQs

Do you need Form 11A in every case?

No. You use it when the court needs proof that it has authority to hear your matter. That may be required at the start or when another party challenges jurisdiction. It also supports motions where jurisdiction is a key issue.

Do you attach evidence to prove jurisdiction?

Yes, if you have it. Attach documents that show connections to Ontario or to the court location. Examples include contracts naming Ontario, emails about where services occurred, addresses, or property records. Mark each document as an exhibit and refer to it in your affidavit.

Do you include legal arguments in Form 11A?

No. Keep it factual. State what happened, where, and who was involved. Avoid conclusions or arguments. Save legal analysis for your factum or oral submissions, if needed.

Do you have to swear it in front of a commissioner?

Yes. You must swear or affirm the affidavit before a commissioner or notary. Bring government ID and sign only in their presence. They will complete the jurat and sign exhibits.

Do you need to serve Form 11A on other parties?

Usually, yes, if you file it with the court for a step in the case. Serve it in the method required for that step and your case type. Keep a record of when and how you served it.

Do you have to file it in person?

Not always. Filing methods can include in‑person or electronic options. Check the filing method that applies to your court location and case. Keep your confirmation receipt and a stamped copy.

Do you need to update the affidavit if facts change?

You cannot change a sworn affidavit. If facts change, prepare and swear a new affidavit. Title it as a supplementary affidavit if it adds to a prior one.

Do you need to appear in court when filing Form 11A?

Filing alone does not require an appearance. If the affidavit supports a motion or conference, you may need to attend that event. Bring a copy and be ready to answer questions based on your affidavit.

Checklist: Before, During, and After the Form 11A – Affidavit for Jurisdiction

Before signing

• Confirm the correct court level and location for your case.
• Verify the style of the cause and court file number match your other documents.
• List facts that connect the case to Ontario and to the chosen court location.
• Gather documents that prove those facts, such as contracts, emails, or addresses.
• Draft clear, numbered paragraphs that state facts, not arguments.
• Separate personal knowledge from information and belief.
• Identify the sources for any information and belief statements by name or role.
• Check names, dates, and locations for accuracy and consistency.
• Schedule a meeting with a commissioner or notary. Confirm ID requirements.
• Prepare exhibits: label them, and reference them in the affidavit text.

During signing

• Bring a valid ID and unsigned pages. Sign only in front of the commissioner.
• Confirm the jurat includes the date, city or town, and the commissioner’s name.
• Ensure the commissioner signs each exhibit and marks it correctly.
• Initial every page and any handwritten changes.
• Confirm the oath or affirmation was administered.
• Check that your contact information is complete and legible.
• Verify page order and that exhibits match the references in the text.

After signing

• Make a clean copy for filing and a copy for your records.
• File the original with the Ontario Superior Court of Justice office handling your case.
• Confirm any filing fees and accepted payment methods before you go or submit.
• Serve the filed affidavit on all required parties. Keep proof of service.
• Calendar any related hearing or response deadlines.
• Store the original stamped copy and exhibits in a secure file.
• Update your case list so your team knows the affidavit is on the record.

Common Mistakes to Avoid Form 11A – Affidavit for Jurisdiction

• Missing or incorrect jurat details.

Consequence: The court may reject the filing. Don’t forget the date, location, and commissioner’s details.

• Using argument instead of facts.

Consequence: The court may disregard parts of the affidavit. Keep to facts that show jurisdiction.

• Failing to identify sources for information and belief.

Consequence: The evidence may carry little weight. Always name who provided the information.

• Unmarked or unsigned exhibits.

Consequence: The court may refuse to consider the attachments. Ensure each exhibit is labeled and signed by the commissioner.

• Mismatched style of cause or file number.

Consequence: Misfiling or delays. Match the case title and number exactly to your other documents.

What to Do After Filling Out the Form 11A – Affidavit for Jurisdiction

1. File the affidavit with the correct court office for your case. Use the same file number and style of cause. Confirm you included all exhibits and that the jurat is complete.
2. Serve the affidavit on all required parties once filed. Use the service method set for your case type and step. Keep proof of service with the file.
3. Prepare for the next court event where jurisdiction may be addressed. Bring copies of the affidavit and exhibits. Be ready to answer questions based on your sworn facts.
4. If you discover an error after filing, do not alter the affidavit. Prepare and swear a new or supplementary affidavit. Reference the correction clearly in the new document.
5. If new facts arise, update the record promptly. Swear a fresh affidavit that adds the new facts and exhibits. Serve and file it as you did the first one.
6. Track deadlines tied to your affidavit. These may include response dates or hearing dates. Diarize them and plan any follow‑up filings.
7. Store your stamped copy and exhibits in a secure and organized way. Use consistent exhibit labels across affidavits. This helps the court and parties follow your evidence.
8. If you are asked to answer questions about the affidavit, review it carefully. Stick to the facts you swore or affirmed. Bring any relevant exhibits to the discussion or hearing.
9. If you need certified copies, request them from the court office. Use them when other institutions require proof of filing. Keep a record of how many copies you obtained.
10. Close the loop with your team or co‑counsel. Confirm that filing and service are complete. Note any court feedback for future affidavits.