Supreme Court

How to draft a Supreme Court order

How to use this guide

This guide provides sample orders on the following topics:

  • Section 1: Parenting
  • Section 2: Child support
  • Section 3: Spousal support
  • Section 4: Property — Interim orders
  • Section 5: Property — Final orders

These sections are also listed on the right-hand navigation panel and at the bottom of each page.

The clauses in these sections represent orders the judge might make. Use the sections on parenting, child support, spousal support, and property as necessary, depending on your situation. As you go through the sections, choose the clauses that reflect the orders you're asking for or that the judge made.

Before you begin, choose the appropriate court form for your orders, open either the PDF or Word file, and save it (see below). When you've finished each section of this guide, generate a text version. Then copy and paste the text from the new browser window into the form. The compilation of all of your sections within the court form will make up your order. See below for more details.

Tip: As you go through the sections of this guide, your information is not saved. This is to protect your privacy. But this means that any information you enter will be lost when you navigate to a new page or close your browser window. Be sure to complete each section and to create a text version before moving on to the next section.

Choosing your form

Orders need to be written on the appropriate form. Which form you use depends on the type of order:

  • Orders requested before trial — to set out the orders you're asking the court to make at an upcoming hearing. List these in your Notice of Application (Form F31: PDF | Word | Sample).
  • Consent orders (Form F33 PDF | Word | Sample) — if you and the other party agreed to orders, with or without a hearing.
  • Order Made at Judicial Case Conference (Form F51.1 PDF | Word | Sample) — if a court order is made at a Judicial Case Conference.
  • Orders made after application (Form F51: PDF | Word | Sample) — if you had a hearing and the judge or master made orders at the end. These are often interim orders.
  • Final orders (Form F52: PDF | Word | Sample) — if you had a trial and the judge made orders at the end.

Tip: We've provided links to both PDF and Word versions of the order forms. Both versions are accurate. Choose the one that you feel more comfortable using. We've also provided links to sample completed versions of the forms.

To use this guide with your correct form:

  1. Open and save the correct form for your situation.
  2. After you generate the text file for each section of this guide, copy and paste the text into the form. Do this for all sections.
  3. For any orders made by consent, add the words "By consent" to the beginning of the clause describing that order.
  4. Fill out the remaining fields in the form.

Tip: For some of the PDF forms you may need to enter some information and then click Generate Form at the bottom to enter your orders.

Using the instructions

Each section of orders is divided into topics. Each topic has a heading. Under each heading, there's a Show instructions button. If you click this button, step-by-step instructions for how to use the orders appear. (See the sample button below.)

Show instructions

If you're stuck on how to proceed with part of a section, clicking Show instructions will reveal step-by-step instructions to help you. You can always collapse the instructions by clicking the button again.

These instructions don't appear in your text file.

Including clauses

Each topic contains clauses, sample orders to deal with different situations.

As you go through each section, decide which clauses reflect the orders the judge made, or the orders you're asking the court to make. If a clause doesn't apply, click Don't include. The clause will be greyed out; it won't appear in your text file.

Once a clause is greyed out, you can always include it again by clicking Include. (See the sample clause below.)

Where a clause says (choose claimant/respondent), click the correct button on the right-hand side. The chosen party will appear in the clause. If the order refers to both of you, click claimant or respondent for whichever fits in the first (choose claimant/respondent) field and the other party will appear in the second field. Make sure the order refers to the claimant and respondent in the right places. You can test this on the sample clause below.

Sample clause: This order is a final order for the (choose claimant/respondent) to do something for the (choose claimant/respondent).

claimant
respondent
Include
Don't include

For some clauses, you may need to enter additional information. The instructions will clarify what you need to do.

Tip: Each clause is numbered to make it easier to use as you go through the sections. However, these numbers do not appear in your text file.

Including other orders

If you don't see a clause that reflects an order the judge made, include the Insert your own statement here text box found at the end of each topic. Write exactly what the judge ordered in the box.

Include
Don't include

Creating a text file

  1. When you've completed a section, click the Open text version button. This button appears at the bottom of each section and on the right-hand navigation panel. (See the sample button below.) When you click this button, a text version of the section opens in a new browser window. This text file has the clauses you've included and any information you've added.
  2. Copy and paste the text from the new browser window into your saved copy of the correct court form (see above).
  3. Do this for each section.

Tip: Remember as you go through the guide that you can always edit the content in your text file later. So don't worry if the sample clauses don't exactly reflect the orders the court made. You can change them later.