Many self represented parties do not put their best case forward not because their facts are weak, but because they don’t know how to get those facts properly before the court. Ontario family courts rely heavily on written evidence , and judges are bound by the Family Law Rules and the Rules of Evidence; they are not supposed to consider information that isn’t properly presented.

1. Affidavits Are Evidence; They Are Not Just Storytelling

  • In family law, affidavits (such as Form 14A) are your main evidence on motions and at trial.
  • Judges read these carefully. If the information isn’t in the affidavit, it usually won’t be considered.
  • Affidavits must be sworn or affirmed before a commissioner for taking affidavits.
  • Common Self Represented Party Mistake: Writing emotional, rambling narratives instead of clear, factual, numbered paragraphs. Judges need relevant facts tied to legal issues, not personal opinions or arguments.

2. Hearsay and Supporting Documents

  • Self represented parties often include what others told them (“he said / she said”) without proof. That’s usually hearsay and may carry little or no weight.
  • Strong affidavits attach exhibits (e.g., emails, text messages, receipts, school records) to prove claims.
  • Each exhibit must be labeled (Exhibit “A”, “B”, etc.) and clearly referred to in the affidavit.

3. Relevance Matters More Than Emotion

  • Judges may ignore long, irrelevant sections (e.g., detailed relationship history that has no legal bearing).
  • Evidence must connect to the issues in contention.
  • Common Self Represented Party Mistake: Spending pages on grievances that don’t relate to the specific relief being requested.

4. Procedural Rules Around Serving and Filing

  • Affidavits have strict deadlines for serving and filing.
  • File early. Even if you’re self represented, the other party must receive everything you give to the court, and you must file proof of service.

Why This Topic Is So Relevant to Self Represented Parties

Lawyers are trained to present evidence properly; self represented parties aren’t. Yet the court applies the same evidentiary rules to both. A well structured affidavit with relevant exhibits can make a huge difference to how seriously the judge takes your case. Conversely, poor affidavits can result in key facts not being as easily spotted, even if they’re true.