Form 14A – Affidavit (General)

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 14A – Affidavit (general)?

Form 14A is the standard affidavit used in Ontario family courts. You use it to give evidence in writing. It tells the court what you know, how you know it, and what you are asking the court to do. It is sworn or affirmed before a commissioner for taking affidavits. Once sworn or affirmed, it becomes evidence the court can rely on.

You will see Form 14A across most family cases. Parents use it in parenting and support disputes. Former spouses use it for spousal support, property, and exclusive possession issues. Grandparents may use it for contact claims. Agencies and other non-parties sometimes use it to provide relevant evidence. Self-represented people use it often. Lawyers also draft and file it for clients. The form fits many situations because it is flexible and factual.

You need this form whenever the court needs facts from you. You attach documents as exhibits and explain them. The court reads your affidavit before your hearing. The judge or associate judge uses it to understand the issues and decide what orders to make. The affidavit lets you put your story, timeline, and documents in one place.

Typical uses include motion materials, responses to motions, motions to change, case conference briefs with sworn evidence when required, and materials for urgent orders. You also use Form 14A to support procedural requests, like asking to extend a deadline, dispense with service, or file late. If you need a temporary order for support or parenting, you will likely file an affidavit. If you oppose a request, your affidavit explains your position and the facts behind it.

Form 14A is not a letter to the court. It is sworn evidence in numbered paragraphs. You must stick to facts, not arguments or insults. You can state what you saw, heard, did, or received. If you include information you learned from someone else, you must say who told you. The court can give weight to that if it is appropriate for the type of hearing.

When Would You Use a Form 14A – Affidavit (general)?

You use Form 14A when you need the court to read and rely on your facts. Here are common situations. You apply for temporary child support and need to explain income, special expenses, and children’s needs. You attach pay stubs, tax returns, childcare invoices, and a parenting schedule. Your affidavit walks the judge through each document.

You ask for a temporary parenting schedule. You explain the current routine, the child’s school, health needs, and any safety concerns. You list the dates of exchanges, late pickups, and missed visits. You attach a calendar and screenshots of messages that show your efforts to resolve issues.

You oppose a motion to travel with a child. You explain why travel is not appropriate now. You address risk of non-return, lack of consent, or missing travel details. You attach the parenting order and any relevant passports correspondence.

You seek exclusive possession of the home. You describe the living situation and its impact. You attach proof of ownership or lease, safety plans, and incident reports. You explain why living together is no longer reasonable.

You request a restraining or non-harassment order. You describe events with dates and specifics. You attach any police occurrence summaries, safety plans, and relevant messages. You explain past incidents and the risk of future harm. You focus on clear, factual details.

You ask to change child support. You explain the material change, like job loss or new income. You attach updated financial disclosure. You explain efforts to get the other party’s disclosure. You ask for a new amount based on current guidelines.

You need an order for disclosure. You explain what you asked for, when you asked, and what you received. You attach your requests and responses. You explain why the missing documents matter for the issues.

You want to file late materials. You explain why you are late, what efforts you made, and why no one is prejudiced. You attach proof of the obstacle, such as a medical note or system outage record. You propose a new timetable.

You ask for substituted service. You explain why standard service is not possible. You describe your efforts and any verified contact details. You propose an alternative method and why it will reach the person.

You seek costs after a motion. You explain conduct and offers made. You attach the offer and a brief bill of costs. You address why costs are fair.

Typical users include parents, spouses, former partners, guardians, and support recipients or payors. Third parties, like accountants or employers, may swear an affidavit to explain records. A process server may swear an affidavit about service, but in family court that is usually a different prescribed form. In most cases, you, as a party to the case, will swear or affirm Form 14A to support your request or response.

Legal Characteristics of the Form 14A – Affidavit (general)

A Form 14A affidavit is sworn or affirmed evidence. It is not a contract. It does not bind you like a settlement. It binds you in a different way. You declare the contents are true to the best of your knowledge and belief. If you lie on purpose, that is a serious offence. False statements can lead to criminal charges, contempt findings, or cost penalties. Your credibility with the court can suffer. The court may reject your evidence entirely.

The affidavit is enforceable as evidence because it follows legal formalities. A commissioner for taking affidavits administers the oath or affirmation. The jurat shows the location, date, and the commissioner’s signature and details. You sign only in front of the commissioner, unless you are using permitted remote commissioning. The commissioner confirms your identity, ensures you understand, and watches you sign. These steps give the document legal status.

The court relies on affidavits for many interim decisions. Affidavit evidence lets the court decide issues without live witnesses at every step. You must use numbered paragraphs, present facts clearly, and attach documents properly. If you include information on information and belief, you say who told you and why you believe it. The court can consider that hearsay on most interim motions. For some matters, like contempt, the court needs first-hand evidence. If you are unsure, focus on what you know directly and label any hearsay clearly.

Your affidavit must be relevant and proportional. Do not flood the court with every message you ever exchanged. Pick samples that prove your points. Use exhibits sparingly and in order. The court may impose page limits or reject oversized filings. Limit confidential details to what is necessary. Protect children’s personal information where possible. Redact financial account numbers except the last few digits if needed for identification.

The court expects respectful, neutral language. Avoid insults. Avoid argument. Save legal submissions for your factum or for speaking to the court. In your affidavit, explain the facts and attach the proof. Use dates, times, names, and amounts. Stick to what happened, when, and how you know.

How to Fill Out a Form 14A – Affidavit (general)

Step 1: Confirm you need this form.

You use Form 14A to present facts for a family court request or response. If you are filing financial disclosure, you also complete the required financial statement form. Use Form 14A to explain facts and attach evidence that supports the orders you seek.

Step 2: Get the case details.

Have the court file number, the court location, and the full names of the parties. Use the same style of cause as on your other filings. Confirm whether your case is in the Superior Court of Justice, the Family Court branch, or the Ontario Court of Justice. Use the same court address used in your case.

Step 3: Complete the caption.

At the top, fill in the court name and court address. Insert the court file number exactly as assigned. List the parties’ names and roles, such as applicant and respondent. If you are a non-party, state your name and role, such as “grandparent” or “employer.”

Step 4: Identify yourself.

In the opening paragraph, state your full name, address for service, and relationship to the case. Say if you are the applicant, respondent, or another person. If your address should be kept confidential for safety, speak with court staff about alternatives and use a safe address for service.

Step 5: Organize your facts.

Use short, numbered paragraphs. Put one fact in each paragraph. Follow a clear timeline. Start with who the parties are. Then set out the key events. Then address the specific issues tied to the orders you seek. For example, if you want temporary child support, include the child’s birthdate, who the child lives with, your income, the other party’s income if known, special expenses, and any prior support orders.

Step 6: Use plain, specific language.

State facts, not opinions. Write, “On March 3, 2024, I paid $350 for daycare,” rather than, “Daycare is outrageous.” Name documents you rely on. Say where figures come from. If you do not have first-hand knowledge, say, “On information and belief,” and name your source. Explain why you believe the information is reliable.

Step 7: Refer to exhibits properly.

When you attach a document, label it as an exhibit in sequence: Exhibit A, Exhibit B, and so on. In your paragraph, write, “A copy of the daycare invoice is attached as Exhibit A.” Each exhibit should be a clean copy. Black out non-essential personal information. Keep exhibits readable, with page numbers if long. Group similar items together, such as all pay stubs in one exhibit with a cover page and brief index.

Step 8: Keep it relevant and proportional.

Only attach documents that help the court decide the issue. Select key pages rather than entire email threads. For messages, include context, dates, names, and numbers. Avoid screenshots that are cut off or hard to read. If you need to show a pattern, choose representative samples and explain the pattern in your text.

Step 9: Address each order you seek.

If you ask for three types of relief, have sections that cover each one. For parenting, describe the status quo, the child’s needs, and your plan. For support, explain incomes, guideline amounts, and special expenses. For procedural relief, describe the steps you took, deadlines, and why the court should grant the request.

Step 10: Include recent and material facts.

Judges need current information. Update income, living arrangements, and the child’s routine. Correct any earlier errors. If facts changed after you served your affidavit, consider a short supplementary affidavit if allowed.

Step 11: Review for clarity and tone.

Read your affidavit aloud. Remove adjectives and arguments. Check names, dates, and amounts. Ensure each paragraph adds value. Check that exhibits match the references. Verify page numbers and exhibit letters.

Step 12: Prepare to swear or affirm.

Do not sign until you are with a commissioner for taking affidavits. Bring government-issued identification. If you need an interpreter, arrange one in advance and be ready to file an interpreter’s affidavit if required. If you cannot attend in person, ask about remote commissioning. Remote commissioning is permitted if done properly.

Step 13: Swear or affirm the affidavit.

The commissioner will verify your identity, ask if you understand, and have you swear or affirm that your affidavit is true. You will sign each page if the commissioner asks, and the commissioner will sign the jurat. The jurat states where and when the affidavit was sworn or affirmed. The commissioner will mark and sign each exhibit or use an exhibit stamp. Do not change anything after you swear or affirm. If you find an error, correct it and re-swear if needed.

Step 14: Make copies.

Keep a clean copy for yourself. Make copies for service on other parties. Ensure exhibits are complete and legible in each copy. If filing electronically, prepare a single PDF that includes the affidavit and exhibits in order. Use bookmarks if your file is long.

Step 15: File your affidavit.

File it with the court on time. You can file in person or through the court’s electronic filing system if available for your case type. Meet all timelines for motions and conferences. Late filing can result in refusal or adjournment. If you need an urgent hearing, mark your materials accordingly and explain the urgency in your affidavit.

Step 16: Serve the other party.

Serve the affidavit and exhibits as the rules require. Personal service may be required for some motions. Often, service by email or mail is allowed, but check your case requirements. Keep proof of service. If you served before filing, file your proof of service with your affidavit.

Step 17: Prepare for the hearing.

Bring a copy of your affidavit and exhibits. Be ready to point the judge to specific paragraphs and exhibit pages. Do not assume the judge read every page. Highlight key paragraphs and exhibit tabs. If you filed a reply affidavit, keep it focused on new points only.

Practical tips for strong affidavits.

• Use a descriptive subject line for each section, like “Parenting schedule since January 2024,” or “Childcare expenses and receipts.” Explain how you calculated any figures. Use totals and date ranges. For example, “Between January and June 2024, I paid $2,100 for daycare. A summary is at Exhibit B, page 1.” If you attach audio or video, provide a transcript or detailed summary, as courts may not accept or play media easily. When possible, attach certified copies of official records, such as court orders or school records.
• Mind confidentiality. Do not include a child’s school address, health card numbers, or full account numbers unless necessary. If safety is at risk, ask for a publication ban or a sealing order where appropriate. Use initials for third-party minors who are not at issue. Redact sensitive data that is not required for the judge’s decision.
• Be honest about gaps. If you do not know something, say so. If you cannot get a document, explain why and what you did to try. Offer a practical solution, like producing the document when received and setting a new timeline.
• Mind formatting and length. Use 12-point font and wide margins for readability. Number every paragraph and page. Start each exhibit on a new page with its label. Courts can set page limits for affidavits and exhibits. Keep it as short as you can while covering what matters. Judges appreciate concise, organized material.
• Avoid common mistakes. Do not sign without a commissioner. Do not edit after commissioning. Do not attach unreadable screenshots. Do not bury key facts in footnotes or long strings of messages. Do not make allegations you cannot support. Do not attack the other party’s character. Focus on conduct, impacts, and solutions.
• If someone else has the best knowledge of a point, have that person swear their own affidavit. For example, a daycare provider can swear about attendance and fees. An employer can swear about pay and hours. Use first-hand evidence wherever possible. The court gives it more weight.
• Finally, align your affidavit with your request for orders. If you want a specific schedule, attach a proposed schedule. If you want a support amount, show the calculation and attach the sources. Make it easy for the judge to grant what you ask. The clearer your affidavit, the smoother your hearing will be.

Legal Terms You Might Encounter

• Deponent means the person making the affidavit. On Form 14A, you are the deponent. You confirm the facts are true to the best of your knowledge. You sign in front of a commissioner or notary. Your full name appears in the jurat and at the top of page one.
• A Commissioner for Taking Affidavits is a person authorized to take oaths or affirmations. You must sign Form 14A in the presence of a commissioner. The commissioner confirms your identity and watches you sign. They complete the jurat and add their name, title, and expiry date if applicable.
• A Notary Public can also administer oaths and affirmations. A notary may be needed if the affidavit must be used outside the province. For Form 14A within the court process, a commissioner is usually enough. A notary can still commission the form if that is more convenient.
• An Oath or Affirmation is the promise you make about truthfulness. An oath references a religious belief. An affirmation is a solemn promise without religious content. You choose which you prefer. The commissioner records your choice in the jurat of Form 14A.
• The Jurat is the section at the end where the commissioner signs. It states when and where you swore or affirmed the affidavit. It includes the commissioner’s signature and details. If the jurat is incomplete, the court may not accept the affidavit.
• An Exhibit is a document attached to and referred to in your affidavit. Each exhibit must be labeled with an exhibit stamp or label. The label states the exhibit letter, your name, the date, and the commissioner’s signature. When you mention an attached document in Form 14A, mark it as Exhibit “A,” “B,” and so on.
• Personal Knowledge means facts you know first-hand. Information and Belief means facts you learned from another source you trust. In Form 14A, you must state when facts are based on information and belief. You should also say the source, such as a document or person.
• The Case Caption and Court File Number identify your court case. The caption names the parties. The file number is assigned by the court. Form 14A must match the exact caption and file number. If either is wrong, filing or matching the document to your case can fail.
• Service means delivering filed documents to the other party. After you swear Form 14A, you may need to serve it. Service methods and timing depend on the type of step you are taking. Keep proof of service with your records.
• Perjury or Making a False Affidavit means lying in a sworn document. It is a serious offence. It can also hurt your case. Only include facts you know are true, or clearly state the source of your information and belief.

FAQs

Do you have to sign Form 14A in front of a commissioner?

Yes. You must sign in front of a commissioner or notary. The commissioner must watch you sign. They will complete the jurat and confirm your oath or affirmation. If you already signed, you must sign again in front of the commissioner.

Do you need to swear on a religious text?

No. You can affirm instead of swearing. An affirmation is a non-religious promise to tell the truth. Tell the commissioner which you prefer. The choice does not affect the validity of your affidavit.

Do you need photo ID when commissioning?

Bring government-issued photo ID if you can. The commissioner must confirm your identity. If you lack ID, ask the commissioner what alternatives they accept. Do not use someone else’s identification.

Do you have to attach documents as exhibits?

Attach any document you refer to in your affidavit. Label each exhibit with a letter and an exhibit label. The commissioner must sign each exhibit label. Refer to each exhibit in the text, using the same letter.

Do you need a lawyer to complete Form 14A?

No. You can complete and swear Form 14A yourself. A lawyer can still help you draft clear, relevant facts. If the issues are complex, consider getting advice about what to include and how to organize it.

Do you need to re-swear if you change something?

Yes. Any change after swearing requires re-commissioning. Do not alter the text after the commissioner signs. If you spot an error, correct the draft, then swear a fresh version. Destroy any superseded drafts to avoid confusion.

Do you need to serve the other party after filing?

You usually must serve the other party with the filed affidavit. Service rules depend on the step you are taking. Keep a copy of your proof of service. Bring copies to any hearing where your affidavit may be used.

Do you have to file the original?

File according to the court’s filing method for your step. Some filings accept electronic copies. Others require the original. Keep the wet-ink original in your records unless the court directs you to file it.

Do you need an interpreter if you do not speak English or French well?

Yes. Use a qualified interpreter for the oath or affirmation if needed. The interpreter may also sign a separate declaration. Make sure you understand every statement before you swear or affirm the form.

Do you need to use a notary for Form 14A?

A commissioner is usually enough. A notary can also commission the document. If you will use the affidavit outside the province, notarial commissioning may be necessary. Ask the receiving body what it requires.

Checklist: Before, During, and After the Form 14A – Affidavit (general)

Before signing

• Confirm the exact case caption and file number from your last court document.
• Verify the correct court location and your role in the case.
• List the key facts you need to state, in date order.
• Gather documents you will attach as exhibits (emails, letters, photos).
• Review each exhibit for readability and completeness.
• Assign exhibit letters in order of first mention in your text.
• Draft clear references to each exhibit in the affidavit.
• Remove argument, speculation, or insults. Stick to facts.
• Check names, addresses, dates, and amounts against your exhibits.
• Confirm you have the latest draft. Avoid multiple near-duplicates.
• Book a commissioner or notary, or arrange a remote appointment if available.
• Arrange an interpreter, if needed, ahead of the appointment.
• Print the affidavit single-sided with room for the jurat, or prepare a clean PDF for e-commissioning.
• Bring valid photo ID to the commissioning appointment.
• Bring a pen for wet-ink signing and initialing each page and exhibit, if in person.
• Prepare enough copies for filing, service, and your records.

During signing

• Confirm the commissioner’s name and authority are shown in the jurat.
• Confirm the location and date are correct before you sign.
• Swear or affirm the affidavit as you prefer.
• Sign each signature line in the commissioner’s presence.
• Initial every page, including any schedule pages, if required by the commissioner.
• Mark each exhibit with a label showing the letter, your name, and the date.
• Have the commissioner sign and date each exhibit label.
• Check that the jurat is complete and legible.
• Check page numbering and that exhibits are in the right order.
• Ensure there are no blank spaces that can be filled later.
• Correct any clerical error on the spot, then re-initial beside the change.
• Leave with a complete set: the sworn affidavit and all exhibits.

After signing

• File the affidavit using the court’s accepted method for your step.
• If filing electronically, confirm accepted formats and size limits.
• If filing in person, bring the original and required copies.
• Confirm any filing fees and accepted payment methods.
• Serve the filed affidavit and exhibits on every other party as required.
• Choose a service method that meets the rules for your step.
• Keep proof of service with your records.
• Calendar any response deadlines and hearing dates.
• Store the original sworn affidavit in a safe, dry place.
• Protect sensitive information and follow privacy obligations.
• Keep a master list of what you filed, when, and how you served it.
• Bring a clean copy to any conference or hearing.
• If the court rejects the filing, fix the noted issues and refile promptly.

Common Mistakes to Avoid Form 14A – Affidavit (general)

• Signing without a commissioner or notary
• Consequence: The affidavit is invalid. The court may reject it. You may miss deadlines.
• Tip: Always sign in front of a commissioner, in person or remotely.

• Referring to documents without attaching them as exhibits
• Consequence: The court cannot verify your statements. Your evidence carries less weight.
• Tip: Attach each document you rely on. Label and cross-reference each exhibit.

• Mixing facts with argument or opinions
• Consequence: The court may discount parts of your affidavit. You may appear less credible.
• Tip: Stick to facts you observed. If you express belief, state the source.

• Altering the document after swearing
• Consequence: The affidavit becomes unreliable. You may need to redo it.
• Tip: If anything changes, prepare a new version and re-swear it.

• Using the wrong case caption or file number
• Consequence: The registry may reject the filing. Your document may go in the wrong file.
• Tip: Copy the caption and file number from the most recent court document.

• Missing commissioner details in the jurat
• Consequence: The court may refuse to accept the affidavit.
• Tip: Check the commissioner’s name, title, signature, and date are complete and legible.

• Illegible or incomplete exhibits
• Consequence: The court cannot rely on the attachments. You weaken your position.
• Tip: Use clear copies. Include all pages. Avoid cutting off page footers or signatures.

• Using “information and belief” without naming the source
• Consequence: The court gives the statement less weight.
• Tip: Identify the source, such as a letter, record, or person, and attach it if possible.

What to Do After Filling Out the Form Form 14A – Affidavit (general)

File the affidavit

• Confirm the correct court location for your case.
• Use the filing channel accepted for your step.
• Check any page limits or exhibit practices before filing.
• If you file electronically, label files clearly and include exhibits.
• If you file in person, bring the original and required copies.

Serve the other parties

• Serve all parties entitled to receive the affidavit.
• Use a service method that meets timing and delivery requirements.
• Keep detailed proof of service. Note who was served, how, and when.

Prepare for next steps

• Add the filing and service dates to your calendar.
• Track any response deadlines in your case.
• Review the affidavit with your exhibits before any conference or hearing.
• Prepare a hearing brief or compendium if required in your step.

Handle corrections or updates

• Found an error after swearing? Do not mark the sworn copy.
• Correct the draft and swear a new affidavit with a commissioner.
• Number the new version clearly and replace the old version in your set.
• If you must retract or clarify a fact, do so transparently in the new affidavit.

Manage confidentiality

• Review exhibits for personal information.
• Redact only where permitted and appropriate. Keep an unredacted master in your records.
• If you believe records need special handling, raise it through the proper court process.

Keep organized records

• Maintain a file with the sworn affidavit, exhibits, and proof of service.
• Keep confirmations of filing and any registry notes.
• Store contact details for commissioners used, in case verification is needed later.

Respond to court feedback

• If the registry flags an issue, fix it promptly.
• If the court requests additional details, provide them in a supplemental affidavit.
• Keep your case team or support people informed of changes.

Coordinate with other documents

• Ensure your affidavit aligns with your pleadings and forms.
• Cross-check dates and amounts across all documents.
• Avoid inconsistencies that can affect credibility.

Plan for future use

• Your affidavit may be used at multiple steps.
• Keep the content current. If time passes, update with a new affidavit.
• Track exhibit letters across versions to avoid confusion.

Final review before any hearing

• Bring a clean, tabbed copy of your affidavit and all exhibits.
• Prepare brief notes on where each key fact appears.
• Be ready to confirm the accuracy of your statements if asked.