A piece of advice often given to clients and people acting for themselves is to bring a family member or friend to court so that you'll have your own “support group” present. That's good advice, but be careful how you use it.
A parent can simply walk into a courthouse, file a petition, get a date for a court hearing, go into a courtroom, let both parents tell the judge what they think is best for their child and why, and let the judge make a ruling.
If a party does not appear at court or is not prepared at court, the judge may order costs against that party.
The Petition for Legitimation must be filed in the mother's county of residence, the child's county of residence, in the county where any other person who has legal custody or guardianship resides. If there is an adoption pending, then the Petition can be filed in the county where the adoption was filed.
The Plaintiff (the one filing the action) must electronically file a sworn statement with the Clerk of Magistrate Court, describing the charges against the Defendant (the person or business against whom the claim is brought). This Statement of Claim provides each party with the reason for the lawsuit.
Next steps Step 1: Prepare your court application form. Complete Form 8: Application (General) and any other forms that are relevant to you and your situation. Step 2: Get your application issued. Step 3: Serve your application. Step 4: Complete proof of service. Step 5: File your court documents.
Expect delays. The Ontario legal system is riddled with unavoidable delays. If you are expecting to go to court, do not expect to see a judge the next day. It can take months, in some cases even years to have family law cases resolved.
Provide a concise summary of the key issues and events pertaining to the custody situation. Focus on highlighting factors that would be in the best interests of any children involved, such as stability, safety, and meeting the children's needs. Avoid making accusations or attacking your former spouse directly.
Whoever is writing the letter should explain in their own words why they believe the parent is the right guardian for the child. The opening paragraph should describe the author's relationship with the parent they are supporting, as well as the parent's relationship with the child.
Focus on factual statements and what you believe is best for the child. Irrelevant Information: Do not include information that is not relevant to the child's welfare or custody matter. The court's primary concern is the best interests of the child. Legal Jargon: You don't need to use legal jargon.