If you start litigation in your divorce or family law matter, or if you are served with a court application or motion to change, there are several major steps along the road toward a judicial decision:
Step 1: The Application (or Motion to Change)
Unless you have a court order or a signed contract, the way in which you would begin the court process is through an application. In discussion with your lawyer, you would decide what claim(s) to make and list the facts that you intend to rely on to support the claim(s).
If you are making claims that involve support or property, you will also have to prepare a financial statement that accompanies the application. Your lawyer will help you identify which type of financial statement and to gather the required supporting documents, which we generally call "disclosure."
If your application includes a claim for decision making responsibility, you will also have to swear to a document called an affidavit for parenting matters, which sets out information about the child(ren) and ongoing situation that may involve Children's Aid Society.
Once the required documents are ready, your lawyer arranges for them to be filed in proper court and served on the other parties (e.g. the estranged or ex- common law partner, husband, wife).
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