Ontario Continuing Record for Family Court

The Continuing Record is the single most common reason court clerks reject filings from self-represented litigants in Ontario. It is not a form — it is a structured document binder that holds every piece of paper filed in your case, organized under Rule 9 of the Family Law Rules. Every application, affidavit, financial statement, and endorsement goes into it, and if the tab numbering is wrong, the Table of Contents is missing, or the covers are the wrong color, the clerk sends everything back.

What the Continuing Record Is

Think of it as a project file for your court case. The Continuing Record contains every document filed by any party, in chronological order, with a running table of contents that gets updated every time a new document is added. The judge uses it to review your case — everything they need is in one organized binder (or one organized set of PDF uploads, for electronic filings).

The person who starts the case (the applicant) is responsible for creating and maintaining the Continuing Record. The respondent adds their documents to it when they file.

The Two Volumes

An Ontario Continuing Record has two distinct volumes, and mixing them up is a common rejection trigger:

Documents Volume (Red Cover)

This is the main volume. It holds:

• All applications (Form 8A)
• Answers (Form 10)
• Affidavits (Form 6B, Form 36, Form 35.1)
• Financial Statements (Form 13.1, Form 13B)
• Separation agreements
• Any other filed documents

The Documents Volume must have a red front cover sheet.

Endorsements Volume (Yellow Cover)

This volume is separate from the document binder. It holds:

• The judge's endorsements (written notes and orders made during conferences or hearings)
• Court-generated notices

The Endorsements Volume must have a yellow front cover sheet.

The most common mistake is putting affidavits or financial statements into the Endorsements Volume. If a document was filed by a party, it goes in the Documents Volume (red). If it was generated by the court or the judge, it goes in the Endorsements Volume (yellow).

The Cumulative Table of Contents

Every time a new document is added to the Continuing Record, the Cumulative Table of Contents must be updated. It lists:

• The tab number
• The date filed
• The document title
• Who filed it

The Table of Contents sits at the front of the Documents Volume and is cumulative — it grows with each filing. Missing or incomplete entries are a rejection trigger because the judge relies on the table to navigate your file quickly.

Tab Numbering

Documents are numbered sequentially with tabs, starting at Tab 1. Each new document gets the next number in sequence. When you file additional documents — proof of service, affidavits, financial statements — you assign the next available tab number and update the Table of Contents.

Common mistakes:

• Skipping tab numbers — every tab must be sequential with no gaps
• Restarting the numbering — the numbering is cumulative across the entire case, not per filing session
• Using the wrong tab for the wrong document — the Table of Contents must match what is actually behind each tab

Electronic Filing and the Continuing Record

If you are filing through the Ontario Courts Public Portal (Toronto) or Family Submissions Online (rest of Ontario), the Continuing Record requirements still apply. You upload your documents as organized PDFs rather than placing physical pages behind physical tabs, but the structure, numbering, and Table of Contents requirements are identical.

For contested transition cases or matters requiring a case conference, you must also upload filed documents into the Case Center system at least 5 business days before the scheduled hearing or conference.

Setting Up Your Continuing Record: Step by Step

1. Create the Documents Volume. Start with the red cover sheet. Behind the cover, place the Cumulative Table of Contents (blank at first).
2. Tab 1: Your Application. Place the issued Form 8A (with court seal and file number) behind Tab 1. Update the Table of Contents.
3. Tab 2 and beyond. Each additional document gets the next sequential tab. For a simple divorce, the typical sequence after the application is: Form 6B (Affidavit of Service), Form 36A (Certificate of Clerk), Form 36 (Affidavit for Divorce), and Form 25A (Divorce Order).
4. Create the Endorsements Volume with the yellow cover sheet. Leave it empty at the start — the court adds endorsements as the case proceeds.
5. Update the Table of Contents every time you file a new document. The updated table must be filed with the court alongside the new document.

Why It Matters

The Continuing Record is not optional. Without a properly maintained record, the court clerk will not accept your filings. For uncontested divorces that never go to a hearing, the Continuing Record is what the judge reviews during the desk review — it is your entire case, and its organization directly affects whether the judge signs the Divorce Order or sends the file back for corrections.

The Ontario Divorce Filing Process Guide includes the full Continuing Record setup procedure with tab numbering templates and a pre-filing checklist that catches Rule 9 errors before you submit.

See more Ontario guides →