Who Needs Form 11A: Affidavit for Jurisdiction?
Form 11A is for anyone involved in an Ontario family law case who needs to confirm that the Ontario court has the legal authority (or “jurisdiction”) to hear the case.
You’ll usually need this form if you’re starting a family law case, such as a:
- Divorce,
- Parenting dispute (decision-making responsibility or parenting time),
- Support case (child support or spousal support).
It’s your way of showing the court that Ontario is the right place for your case based on where you and the other parties live.
What Is Form 11A: Affidavit for Jurisdiction?
Form 11A is a sworn legal statement that confirms the facts the court needs to decide if it has the legal authority to handle your case.
It covers important details like:
- Where you and the other parties live,
- How long you’ve lived there,
- The connection between your case and Ontario.
For example, in a divorce case, you usually need to show that at least one spouse has lived in Ontario for the past 12 months before starting the case.
Where Is This Affidavit Submitted?
Form 11A is filed with the Ontario Family Court when you start your family law case.
It’s usually submitted along with your Application (Form 8) and other required documents, like Form 35.1 for cases involving children.
Once filed, the court uses the information in Form 11A to decide if they have the legal authority to hear your case.
Why You Need a Notarized Affidavit for Jurisdiction
Form 11A is a legal affidavit, which means it must be signed in front of a notary public, commissioner of oaths, or lawyer.
Notarizing the form confirms that:
- The information you’re providing is true,
- You understand the legal importance of your statement,
- The court can rely on your affidavit when deciding if they can handle your case.
Without notarization, your case may be delayed, or the court may reject your application until proper documents are filed.
How to Complete and Notarize Form 11A
Here’s a step-by-step guide to filling out Form 11A:
- Enter your name, contact information, and role in the case (applicant or respondent).
- Confirm the case details: court file number, names of all parties.
- Explain where you and the other parties live and for how long.
- Provide information about where the children (if any) live and how long they’ve been there.
- Swear or affirm the form in front of a notary public, lawyer, or commissioner of oaths.
- File the form with the court along with your other application materials.
Final Note
Form 11A: Affidavit for Jurisdiction is an important part of starting a family law case in Ontario. It helps the court confirm they have the legal authority to hear your case, ensuring your application is valid and can move forward without unnecessary delays.
By filling out the form carefully, swearing it properly, and submitting it with your application, you help keep the legal process smooth and fair.
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