Affidavits in Ontario Family Court: A Self-Represented Litigant’s Guide
How affidavits work under Ontario’s Family Law Rules — who can swear them, what they must contain, and how the court actually uses them.
Affidavits in Ontario Family Court: A Self-Represented Litigant’s Guide
Disclaimer: This article is educational and not legal advice. Court rules and forms change; always cross-check against the Ontario Court Services website and the current Family Law Rules before you file. For advice on your specific case, consult an Ontario lawyer.
An affidavit is how you put evidence in front of an Ontario family court judge when there’s no hearing. In Ontario family law, almost every motion, application, and contested step requires evidence by affidavit — not oral testimony. If you’re self-represented, the affidavit is the main place your story shows up on the record.
The rule that governs affidavits
Ontario’s family court is run by the Family Law Rules (O. Reg. 114/99). The relevant rule for affidavits is Rule 14, which sets out what motions look like and what evidence the court expects.
Affidavits have to be sworn or affirmed before someone authorized to take them — a Notary Public, a lawyer, or a Commissioner of Oaths under the Commissioners for Taking Affidavits Act. Most court counters can direct you to a commissioner; many lawyers will swear an affidavit they didn’t draft as a courtesy for a small fee.
What a family court affidavit must include
Every affidavit in Ontario family court has the same basic structure:
Court name and file number — e.g. "Ontario Superior Court of Justice, Court File No. FS-24-12345".
Style of cause — "Between [Applicant] and [Respondent]".
Title — "Affidavit of [your full legal name]".
Opening — "I, [name], of [city, province], MAKE OATH AND SAY: (or AFFIRM)"
Numbered paragraphs of facts. Each paragraph is a single, plainly worded statement of one fact. Stick to what you saw, heard, or did. Don’t argue.
Information and belief paragraph — if you’re stating something you didn’t personally witness, you must say "I am informed by [name] and verily believe" and identify the source. The court treats hearsay differently depending on context.
Sworn before — the jurat (the line "SWORN before me at … this … day of …"), and the commissioner’s signature and printed name.
Your signature — in front of the commissioner.
There is no fixed Ontario "Form 14A" template for general affidavits — the rules describe the structure rather than mandating a single form for every situation. Some practice directions in specific regions do reference standard layouts; the family court information centre in your region can confirm what the local bench expects.
Common kinds of family court affidavits
Affidavit in support of a motion — the evidence behind a request for a court order (temporary support, exclusive possession of the home, parenting orders, etc.).
Affidavit for an uncontested divorce — the sworn statement that walks the judge through everything they need to know to grant the divorce without a hearing.
Affidavit of Service — sworn proof that you delivered documents to the other party.
Financial Statement — a specialized type of sworn statement under Rule 13. It’s technically a form, not a general affidavit, but it’s sworn the same way.
What judges actually read
Family court judges read affidavits fast. A 30-page emotional narrative gets less weight than a tight 6-page affidavit that sticks to numbered facts. Things to do:
Lead with the relief you want. Tell the judge what you’re asking for in paragraph one or two.
Number every fact. One fact per paragraph. Date everything.
Attach documents as exhibits. Marked "Exhibit A," "Exhibit B," etc., each with a back-page certificate signed by the commissioner.
Don’t argue. Save argument for the factum or oral submissions. The affidavit is evidence, not advocacy.
Don’t insult your ex. Tone is read. Calm, factual affidavits are credible. Inflammatory ones aren’t.
Commissioner of Oaths vs. Notary Public in Ontario
For a family court affidavit, either works. Practical differences:
Commissioner of Oaths — can take affidavits and statutory declarations only within Ontario. Lawyers and paralegals are automatically commissioners; municipal court counters often have one available.
Notary Public — broader powers (can also certify true copies, etc.). All Notaries are also commissioners.
For an affidavit going into an Ontario family court, a Commissioner of Oaths is the cheap, fast option. Notaries are useful when the document might be presented outside Ontario.
Common mistakes that get affidavits bounced
Not numbered — paragraphs need to be numbered consecutively.
No jurat — missing the "Sworn before me at …" line and signature.
Exhibits not certified — each exhibit needs its certificate signed by the commissioner.
Argument, not facts — paragraphs that start "Clearly the Applicant has..." get struck. Stick to what happened.
Hearsay without source — if you didn’t see it personally, name your source ("I am informed by my mother and verily believe …").
Where this site fits
discover.legal generates Ontario-formatted affidavits with the right jurat, exhibit certificates, and structure, and it produces them in proper court paper format (margins, line spacing, signature blocks). You still take the printed document to a commissioner to swear it, and you file the sworn original with the court. We don’t replace legal advice and we don’t file the document for you.