Filling out forms may seem like a straightforward part of representing yourself in court. After all, the forms are already created, and you just need to fill in the information.
However, completing court documents can be more complicated than it looks. A missing detail, incorrect form, inconsistent date, or failure to attach a required document can create delays and make it harder for your case to move forward. Worst case scenario - you miss out on money that should have been paid to you because you didn’t realize you were entitled to it.
Ontario’s Family Rule Laws require parties to use official templates, follow instructions, complete forms fully, and attach documents when required.
If you are preparing your own court documents, take time to review them carefully before filing to catch common mistakes.
Using the Wrong or Outdated Form
One of the easiest mistakes to make is doing an online search, finding a court form, and assuming it’s the correct version.
Court forms can change, and Ontario Court Services maintains the current versions of Family Law Rules forms, including applications, affidavits, notices, and other steps in a family law case.
Before completing a form, check:
- Is this the correct form for what I’m asking the court to do?
- Is this the current version?
- Do I need to file additional forms with it?
Do not rely solely on an old form you found in a previous case, in an online discussion, or on a website other than the official government site.
Leaving Sections Blank
Another common mistake is leaving portions of a form blank because they don’t seem important.
Some sections may not apply to your situation. In those situations, follow the form’s instructions on what to enter. Don’t simply skip a section because you are unsure what information belongs there.
Sometimes, a person may skip a section with the intent of returning to complete it. However, they forget and submit an incomplete form.
Before filing, go through the form line by line. Ask yourself whether every section has been completed and whether you’re missing any required explanations or attachments.
Providing Inconsistent Information
Court forms are often completed at different points throughout a case. This creates opportunities for inconsistencies to creep in.
For example, you may accidentally provide different:
- Dates of separation
- Income figures
- Children’s dates of birth
- Employment information
- Addresses
A small discrepancy can cause confusion and require clarification later.
One way to catch these errors is to save all your documents so you can compare your new forms with ones you previously filed. If something has changed, make sure the change is intentional and can be explained.
Not Being Clear on Your Requests
Another problem occurs when someone describes a dispute, but doesn’t clearly identify what they want the court to order.
For example, saying that you and your former partner disagree about parenting time doesn’t tell the court what parenting arrangement you are asking for.
Think carefully about what you’re requesting. Your documents should state what you want the court to address, along with the information needed to support your position.
When starting a family court case, Ontario’s guide notes that an application needs to identify the issues you are asking the court to resolve, such as parenting time, child support, spousal support, or property division.
Using Emotional Language Instead of Useful Facts
Family disputes can be highly emotional, and it can be tempting to use court forms to air grievances or explain everything that happened during the relationship.
A more useful approach is to focus on the relevant facts.
Instead of using broad statements, such as “always” or “never”, provide specific dates, events, and circumstances when presenting an issue to the court.
This can make your documents clearer and easier to follow.
Failing to Check the Filing and Service Requirements
Completing a form correctly is only part of the process. You also need to understand what happens after you complete the form.
Depending on the document and stage of your case, you may need to:
- Sign or commission the document
- Serve the other party
- File the document with the court
- Meet a deadline
- Keep proof that the document was served or filed
A perfectly completed form can still cause problems if you serve or file it incorrectly.
When a Lawyer’s Review Can Help
At the end of the day, you don’t know what you don’t know. Do not serve or file your documents without a lawyer reviewing them at the very least. Representing yourself doesn’t necessarily mean you have to handle every part of your case without legal assistance. If you are preparing your own court forms but want to make sure they are complete, our family lawyers at Birch Law can review your documents and help you understand your next steps.
Whether you need help with a specific court form, procedural question, or more complicated family law issue, we are available to help you move forward with greater confidence. We can provide the level of legal support you need while you remain in control of your case.
Frequently Asked Questions
1. What are the most common errors in self-drafted family court forms?
Some of the most common mistakes include:
- Using the wrong or outdated form
- Leaving required sections blank
- Providing incorrect information
- Forgetting required supporting documents
- Making financial errors
A good final check is to compare every completed form against the official form and its instructions, and then compare it to the documents you have already filed.
If you want to remain self-represented but are concerned about making a significant mistake, having a lawyer review the completed forms before filing can provide targeted legal support without taking over the whole case.
2. Can a mistake on a form delay my case?
Yes. A mistake on a family court form can delay your case, although the effect depends on the type and seriousness of the error.
A mistake can become more significant when it affects a deadline, service, financial disclosure, or the information the court needs to understand your case. Ontario’s family court requires documents to be served and filed within specific time limits.
The good news is that not every mistake means your case is in serious trouble. If you discover that information in a filed affidavit is incorrect or incomplete, the Family Law Rules provide ways to correct or update it.
3. How can a lawyer help me fix errors before filing?
A lawyer can review your self-drafted family court forms before you file them and identify problems you may have overlooked. A lawyer may review your forms for missing information, inconsistencies, incorrect dates or financial figures, unclear requests for court orders, and required supporting documents. They can also help determine whether you are using the appropriate forms and following applicable filing, service, and procedural requirements.
A lawyer can also make sure your documents clearly present the relevant facts and issues without unnecessary information that could distract from your position.