Canadian Family Law Glossary
Plain-language definitions of every term a self-represented father will encounter in Canadian family court. Deep-linkable per term.
Affidavit
A sworn or affirmed written statement of facts. The deponent makes the statement under oath before a commissioner; the affidavit becomes evidence the court considers without the deponent appearing in person.
Best Interests of the Child
The paramount test in Canadian family-law decisions about parenting. Under Divorce Act s.16(1), the court can consider ONLY the best interests of the child in making parenting orders. Section 16(3) lists specific factors.
Case Conference
An early court appearance in family matters where the judge meets with the parties to narrow issues, encourage settlement, and set procedural directions. Usually scheduled before any contested motion is heard.
Commissioner of Oaths
A person authorized by provincial law to administer oaths and witness affidavits. Lawyers, notaries, and many registry / government staff are commissioners. They do not give legal advice.
Contempt of Court
Wilful disobedience of a court order. In family matters, contempt motions are typically used when one party deliberately violates a parenting or support order. Requires proof beyond a reasonable doubt; not used for minor or accidental breaches.
Court of Justice
A provincial trial court that hears family matters under provincial statutes. Cannot grant a divorce or divide property. ON: Ontario Court of Justice; AB: Alberta Court of Justice; BC: Provincial Court of British Columbia.
Court of King's Bench
A superior trial court with broad jurisdiction including divorce, property division, and complex family matters. NB, AB, SK, MB use 'Court of King's Bench'; ON uses 'Superior Court of Justice'; BC uses 'Supreme Court of British Columbia'. Renamed from Queen's Bench in 2022 following the accession of King Charles III.
Decision-Making Responsibility
Authority to make significant decisions about a child's well-being — health, education, culture/language/religion. Introduced by the 2021 Divorce Act amendments to replace the decision-making aspect of 'custody'. Can be allocated solely to one parent, jointly to both, or split by category.
Deponent
The person making (swearing or affirming) an affidavit. Their first-person observations are what the affidavit contains.
Financial Disclosure
Mandatory exchange of financial information in family matters involving support or property. Includes tax returns, pay stubs, Notice of Assessment, bank statements, etc. Failure to disclose can result in imputed income or adverse inferences.
Divorce Act
Federal statute governing divorce in Canada. Sets out the basis for divorce, spousal/child support, and parenting orders for married parents. Provincial family-law statutes apply alongside it for unmarried parents and provincial-only matters.
Duty Counsel
A Legal Aid lawyer available at the courthouse to provide brief advice and limited representation to low-income parties on the day of court. Free, but limited in scope — not a substitute for retained counsel.
Exhibit
A document, photo, recording, or other item attached to an affidavit as supporting evidence. Marked sequentially (A, B, C...) and referenced in the affidavit body with the phrase "attached and marked as Exhibit A".
Family Law Act (provincial)
Provincial statutes governing family matters that fall outside the federal Divorce Act — parenting and support for unmarried parents, property division. Each province has its own version (BC Family Law Act, AB Family Law Act, NB Family Services Act, etc.).
Family Law Information Centre (FLIC)
On-site self-help resource at most family courthouses. Staff explain procedure and forms but do not give legal advice. Hours vary by location — typically morning walk-in.
Federal Child Support Guidelines (FCSG)
Federal regulations under the Divorce Act that set the baseline amount of child support based on the paying parent's income and the number of children. Section 7 of the Guidelines covers special / extraordinary expenses.
First-Person Observation
What you personally saw, heard, did, or experienced. Affidavits should contain only first-person observation — not opinions, characterizations, or things others told you (hearsay).
Gordon v. Goertz
Supreme Court of Canada decision [1996] 2 SCR 27 establishing the test for varying parenting orders. Applicant must first show a material change in circumstances; only then does the court consider the best-interests analysis for the proposed variation.
Hearsay
A statement made by someone outside court that is being repeated to prove the truth of what they said. Generally inadmissible in affidavits. The fix: have the person who made the statement swear their own affidavit, or rephrase as your direct observation.
Imputed Income
Income assigned to a party by the court when the party's actual income is unclear, incomplete, or where the court finds the party is intentionally under-employed or hiding income. Most common in self-employed support payors.
Jurat
The block at the end of an affidavit stating that it was sworn or affirmed before a commissioner. Includes the city, province, date, and the commissioner's and deponent's signatures.
Judicial Case Conference (JCC)
BC Supreme Court family-court procedure where parties meet with a judge before any contested application can be heard. Mandatory pre-screen for most BC Supreme Court family matters.
Material Change in Circumstances
A change since the last order that is (1) significant, (2) not contemplated when the original order was made, and (3) actually happened. The threshold test from Gordon v. Goertz for varying any parenting order.
Mandatory Information Program (MIP)
Ontario family-court requirement: both parties must complete a 2-3 hour information session (online or in-person) before contested motions are heard.
Motion
A formal request to the court for an order on a specific issue. In family law, common motions include parenting motions, support motions, urgent motions, and motions to vary an existing order.
Notice of Motion
The document that initiates a motion, served on the other party and filed with the court. Specifies the relief sought, the grounds, and the supporting evidence (typically an affidavit).
Parenting Time
Time during which a child is in a particular parent's care. Introduced by the 2021 Divorce Act amendments to replace 'access' and the residential portion of 'custody'. Allocated based on the best interests of the child.
Parenting After Separation Course
Mandatory online course for parents with minor children in many provinces (AB, BC). Typically 4-6 hours; completion must be verified before contested parenting motions can be heard.
NB Rule 60
Rule 60 of the New Brunswick Rules of Court — governs evidence by affidavit in NB family court. Sets out content, format, and admissibility requirements.
Section 7 Expenses
Special or extraordinary child-related expenses under Section 7 of the Federal Child Support Guidelines — childcare, healthcare premiums and uninsured expenses, post-secondary tuition, primary/secondary tuition where applicable, and extraordinary extracurricular costs. Shared between parents in proportion to income.
Self-Represented Litigant
A party in a court matter who is not represented by a lawyer. Permitted at every level of Canadian family court. The court will not give legal advice but will ensure procedural fairness.
Service
Formally delivering a court document to the other party in accordance with the rules of court. Personal service (handing the document to the recipient in person) is required for many family-court documents.
Style of Cause
The formal name of a case as it appears in court documents, typically "[Plaintiff/Applicant] v. [Defendant/Respondent]". E.g. "Smith v. Smith".
Supervised Parenting Time
Court-ordered arrangement where parenting time occurs only in the presence of a specified supervisor — a family member, professional supervised access program, or community resource. Used where the court has concerns about a child's safety in unsupervised contact.
Urgent Motion
A motion brought on shortened service for immediate court intervention. Requires demonstrated irreparable harm if not granted. RJR-MacDonald v. Canada [1994] 1 SCR 311 sets out the three-part test: serious issue, irreparable harm, balance of convenience.
Variation
Asking the court to change an existing order. Requires proof of a material change in circumstances since the original order. The threshold test is Gordon v. Goertz.
Views of the Child
The child's own opinion about parenting arrangements, considered as part of the best-interests analysis. Weight given depends on the child's age, maturity, and capacity to form independent views. Can be ascertained through interviews, Voice of the Child reports, or Office of the Children's Lawyer involvement.