Who Needs Form 4D: Affidavit?
This form is for anyone involved in a family law case in Ontario who needs to provide evidence in writing to the court. Whether you’re applying for parenting time, decision-making responsibility, child or spousal support, or another family law matter, you may need to file Form 4D to tell the court your side of the story.
Form 4D is often used when you want to:
- Explain facts or details in support of your case,
- Respond to another party’s application or affidavit,
- Provide a sworn statement that can be used in place of testifying in court.
What Is Form 4D: Affidavit?
Form 4D is a legal document where you swear or affirm that the information you’re providing is true. It’s your chance to tell the court what you know—whether it’s about your family situation, financial matters, or other important facts that the judge needs to hear.
Your affidavit can include:
- Events that have happened (like when you and your ex separated),
- Financial information,
- Details about children (like where they go to school or who cares for them),
- Anything else that helps explain your case.
Your Form 4D becomes part of the official court record. Judges, lawyers, and other parties involved in your case will review it as part of the decision-making process.
Where Is This Affidavit Submitted?
Form 4D is filed with the Ontario Family Court as part of your family law case. It’s usually submitted along with other court forms, like:
- Form 8: Application (for starting a case),
- Form 35.1: Parenting Affidavit (for cases involving children),
- Financial statements, if you’re dealing with support issues.
You’ll need to file the original sworn or affirmed Form 4D with the court and serve copies on the other parties in your case.
Why You Need a Notarized Affidavit
Form 4D is a sworn statement, which means it must be signed in front of a notary public, lawyer, or commissioner of oaths. This process confirms that:
- You understand you’re making a legal statement,
- The information is true to the best of your knowledge,
- You can be held accountable if it’s not accurate.
Notarizing your Form 4D ensures that the court accepts it as proper evidence. Without notarization, the court may reject your affidavit or delay your case.
How to Complete and Notarize Form 4D
Here’s a step-by-step guide to help you fill out Form 4D:
- Start by filling in your name, address, and case information.
- Write your sworn statement in clear, simple language. Be honest, stick to the facts, and explain what the court needs to know.
- Number your paragraphs so it’s easy for the court to read.
- Attach any supporting documents (like letters, receipts, or photos) as exhibits, and label them clearly (e.g., “Exhibit A”).
- Swear or affirm the form in front of a notary public, lawyer, or commissioner of oaths. Bring valid ID with you.
- File the original form with the family court and provide copies to all other parties involved in the case.
Final Note
Form 4D: Affidavit is a key part of presenting your case in an Ontario family law matter. It allows you to explain your situation in your own words, helping the court understand the facts and make fair decisions.
By completing the form accurately, swearing it properly, and submitting it on time, you help keep your case on track and give the court the information it needs to make the best decision for your family.
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