When the other side does not answer a family case, the court can decide it at an uncontested trial on your affidavit. When that happens, what Form 23C asks, how it differs from Forms 14A and 36, and how to swear it by video.
Last updated: October 13, 2026
Form 23C Affidavit for Uncontested Trial in Ontario: When and How to Use It
Quick answer: If the other party in an Ontario family case does not serve and file an answer, the case can go to an uncontested trial, where only you give evidence. That evidence is usually written, in Form 23C, Affidavit for Uncontested Trial, or a Form 14A (Family Law Rules r. 23(22)). Form 23C has sections for parenting, contact, child and spousal support, restraining orders and lack of service. You swear or affirm it before a commissioner. Minute Notary commissions it by video under O. Reg. 431/20 for $24.95 per seal plus HST. We do not write it or advise on what to claim.
A family case does not stop because the other side stays silent. The Ministry of the Attorney General's guide warns respondents: "If you miss your deadline to serve and file an answer, the court case can proceed without your involvement and a judge may make final orders without your input." For the applicant, that path usually ends at an uncontested trial, decided on paper.
This guide explains when a case gets there, what Form 23C asks, how it compares with Forms 14A and 36, and how to have it commissioned. If you have a question about your appointment, contact us or call (613) 434-5555. We commission the affidavit; for advice on your case, see a family lawyer.
Key Takeaways
| Question | Answer | Where it comes from |
|---|---|---|
| What is an uncontested trial? | "a trial at which only the party making the claim provides evidence and submissions" | Family Law Rules r. 2(1) |
| When does a case get there? | No answer within 30 days of service (60 outside Canada and the U.S.), or answer struck out | r. 10(1), (2), (5); r. 1(8.4) |
| What evidence is used? | An affidavit in Form 14A or Form 23C, and Forms 35.1 and 35.1A if applicable | r. 23(22) |
| Divorce only? | Form 36, not Form 23C | r. 36(5), (5.1) |
| Form version | Form 23C, December 1, 2020 | Table of Forms |
| Can it be sworn by video? | Yes, with a modified jurat | O. Reg. 431/20 |
| What does commissioning cost? | $24.95 per seal online, plus HST; each exhibit is one more stamp | Our posted rate |
When a Case Goes to an Uncontested Trial
The respondent does not answer. A respondent must serve and file an answer "within 30 days after being served with the application" (r. 10(1)), or 60 days if served outside Canada or the United States (r. 10(2)). If they do not, the consequences in r. 1(8.4) apply (r. 10(5)):
- they are not entitled to further notice of steps in the case, except service of the order;
- they are not entitled to participate in the case;
- the court may deal with the case in their absence; and
- a date may be set for an uncontested trial.
The clerk sets the date. If no answer is filed, "the clerk shall, on request, schedule a case conference or set a date for an uncontested trial or, in an uncontested divorce case, prepare the documents for a judge" (r. 17(2)(a)).
An answer is struck out. The same four consequences follow if the court strikes out a party's answer (r. 1(8.4)).
Evidence on paper. Rule 23(22): "At an uncontested trial, evidence by affidavit in Form 14A or Form 23C and, if applicable, Forms 35.1 and 35.1A may be used without an order under clause 1 (7.2) (i), unless the court directs that oral evidence must be given."
What Form 23C Asks
Form 23C runs six pages. After the court heading, you write your name and where you live, then "swear/affirm that the following is true".
| Part | Paragraphs | What you give |
|---|---|---|
| You, the children, the order you want | 1 to 4 | That you are the applicant; each child's name, birthdate and who they live with; the orders asked for; dates of marriage, separation or living together |
| Decision-making and parenting time | 5 to 8 | Why each order is in the children's best interests; the parenting time schedule you propose |
| Contact | 9 to 10 | Why contact is in the children's best interests; the terms |
| Child support | 11 to 13 | The respondent's income sources, and what you believe their annual income is, with reasons |
| Spousal support | 14 | Your financial needs |
| Restraining order | 15 | Who the respondent should stay away from, how far, any exceptions, and why |
| Lack of service | 16 | Why the respondent is not being served, only in very unusual circumstances |
| Other issues | — | Anything else you are asking for |
Fill in only what you claim. Each section starts "Fill out this section if you are claiming…". The last page says "Put a line through any blank space left on this page."
Give reasons, not just conclusions. Paragraphs 5, 6, 7 and 9 ask why each parenting or contact order is in the children's best interests, and paragraph 13 asks for "your reasons for believing the dollar amount" of the respondent's income. The judge has only your paper evidence, so reasons matter.
Lack of service is the exception. The form's note says the court "will make an order even without service, but only in very unusual circumstances", such as an emergency or when every effort to find the other party has failed.
Parenting claims also need Form 35.1. Rule 23(22) names Forms 35.1 and 35.1A "if applicable". See our guide to the Form 35.1 parenting affidavit.
Form 23C, Form 14A or Form 36?
| Form | Use it for | Rule |
|---|---|---|
| Form 23C, Affidavit for Uncontested Trial | Evidence at an uncontested trial, in set sections for the usual claims | r. 23(22) |
| Form 14A, Affidavit (General) | Evidence at an uncontested trial in free form, and most other family affidavits | r. 23(22); r. 14(9) |
| Form 36, Affidavit for Divorce | A divorce based on affidavit evidence, when the respondent files no answer or in a joint application | r. 36(5), (5.1) |
If your application claims a divorce and also parenting or support, the divorce has its own affidavit. See our guides to the Form 36 divorce affidavit and the Form 14A general affidavit.
The Table of Forms also lists Form 25D, Order (uncontested trial). Ask the court office what it needs with your affidavit.
What a notary can and cannot do: A notary public confirms your identity, administers the oath or affirmation, watches you sign and commissions Form 23C and any exhibits. A notary does not write your evidence, decide what to claim, calculate support, judge the children's best interests or advise on whether the court will make the order. For those questions, see a family lawyer.
How the Signing Works with Minute Notary
Why it can be done by video. The Commissioners for Taking Affidavits Act requires an oath to be taken in the commissioner's physical presence unless the regulations provide otherwise (s. 9(1) and (2)). O. Reg. 431/20 provides otherwise: you can swear or affirm by video if you and the notary can see, hear and talk to each other in real time for the whole appointment, the notary confirms your identity, and the notary makes sure you understand what you are signing. The notary keeps a record of the appointment (s. 2).
The jurat. Form 23C's printed jurat ("before me at" a municipality, in a province, on a date) has no wording for a remote oath. On a video appointment, the regulation requires a modified jurat stating that the oath was administered under O. Reg. 431/20 and where the notary and you each were.
- Finish the affidavit first. Complete every section you claim and strike out blank space. Leave it unsigned.
- Book the appointment. Contact us or call (613) 434-5555 and tell us it is a Form 23C. Appointments run every day, 8:00 AM to 8:00 PM (Ottawa time).
- Upload the unsigned affidavit, any exhibits and your photo ID before the call.
- On the call: show valid government photo ID, swear or affirm out loud, and sign while the notary watches.
- The notary completes the jurat for a remote oath, signs and applies the seal, and marks any exhibits. You receive the commissioned affidavit as a PDF.
- You file it. Ontario's online filing page asks for documents "completed, signed, dated, commissioned as required and saved as individual PDFs". You can also file at the courthouse.
Online or at the courthouse? The Ministry's guide says there are commissioners at all family court offices who will commission the form for free, which is a good option if you are going to the courthouse anyway. A video appointment with us suits you if you would rather not travel, need an evening or weekend time, or want the PDF ready for online filing.
Pricing
| Service | Fee | Note |
|---|---|---|
| Commissioning Form 23C online (video appointment) | $24.95 per seal | One seal for the affidavit |
| Exhibits, online | $24.95 each (1 to 5) | $20 each for exhibits 6 to 10, $15 each from 11 |
| Mobile visit (in person, anywhere in Ontario) | $24.95 per seal + $60 travel fee | Travel fee covers up to 30 km; beyond that, an additional travel fee applies |
| Card processing fee (online payments) | 2.9% + $0.30 | Shown as its own line before you pay |
Note: prices are before HST and cover commissioning only. We do not prepare the affidavit or give legal advice.
See every posted rate on our pricing page.
Frequently Asked Questions
What is Form 23C?
Form 23C, Affidavit for Uncontested Trial, is the Family Law Rules form for giving your evidence in writing at an uncontested trial. It covers decision-making responsibility, parenting time, contact, child and spousal support, a restraining order, lack of service and other issues.
When does a family case go to an uncontested trial?
Usually when the respondent does not serve and file an answer, normally within 30 days after being served (60 days if served outside Canada or the United States), or when their answer is struck out. A date may then be set for an uncontested trial, at which only the party making the claim gives evidence.
Do I use Form 23C or Form 14A?
Either. Rule 23(22) says that at an uncontested trial, evidence by affidavit in Form 14A or Form 23C, and if applicable Forms 35.1 and 35.1A, may be used without a court order, unless the court directs oral evidence. Form 23C has set sections for the usual claims; Form 14A is free-form.
Is Form 23C used for a divorce?
Not for the divorce itself. A divorce based on affidavit evidence uses Form 36, which the applicant files when the respondent files no answer (Rule 36(5) and (5.1)). Form 23C is for claims such as parenting and support.
Can I swear Form 23C online?
Yes. The Commissioners for Taking Affidavits Act allows an oath or affirmation by video under O. Reg. 431/20 when you and the commissioner can see, hear and talk to each other the whole time and your identity is confirmed. Form 23C has only a paper jurat, so the jurat is modified to say the oath was taken under the regulation and where each of you was.
Can the notary fill in Form 23C for me?
No. The notary confirms your identity, administers the oath or affirmation and commissions the affidavit. We do not write the evidence, decide what to claim, calculate support or give legal advice. For advice, see a family lawyer.
How much does it cost to swear Form 23C online?
$24.95 per seal, plus HST. Each exhibit is one more stamp ($24.95 each for the first five). Online payments also carry a card processing fee of 2.9% + $0.30.
Final Recommendation
If the respondent has not answered in time, ask the court office to set an uncontested trial date. Then complete Form 23C (or Form 14A), with Form 35.1 for any parenting claim, giving reasons for each order you ask for. Have it commissioned and file it. Because the judge decides on your paper evidence alone, consider having a family lawyer review it first.
Book Your Appointment
Need Form 23C commissioned? Minute Notary commissions it by secure video for $24.95 per seal plus HST.
- Contact us: Ask a question or request an appointment
- Call: (613) 434-5555
- Service page: Affidavits
- Free template: Affidavit for Uncontested Trial (Form 23C)
- Related guide: Form 14A general affidavit
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Family Law Rules, O. Reg. 114/99 (Ontario), rules 1(8.4), 2(1), 10, 17(2), 23(22), 36(5) and Table of Forms
- Ontario Court Forms — Form 23C, Affidavit for Uncontested Trial (PDF)
- Ministry of the Attorney General — Guide to procedures in family court: Answering an application
- Ontario — File family court documents online
- Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 (Ontario), s. 9
- O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
This article was written using AI.
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About the author
Kai Mai
Co-founder & Chief Technology Officer, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.