What Is a Continuing Record? Understanding Ontario Family Court Files

When I first started studying family law, one of the most confusing (and strangely under-explained) things was the continuing record. Even in my law clerk program, the term barely got a mention. But if you’re navigating Ontario’s family court system, especially on your own, understanding what a continuing record is can make all the difference between feeling lost and staying confidently organized.

Whether you're filing documents for divorce, custody, or support, the continuing record is where your whole case comes together. And once you get the hang of it, it’s more about smart organization than legal jargon.

What Is a Continuing Record?

In plain terms, a continuing record is the court’s official file for your family law case. It holds every document you (and the other party) file, plus anything the court issues - like orders or the judge’s notes. If your family law case were a story, the continuing record would be the full book, complete with a table of contents.

Ontario’s Family Law Rule 9 is what sets out the formal requirements, but like many rules, it explains what needs to be done without much help on how to do it. That’s where plain-language resources and practical experience can help.

What Goes Into a Continuing Record?

There are usually two volumes:

1. Endorsements and Orders Volume – This includes the judge’s written decisions (called “endorsements”) and any official court orders.

2. Documents Volume – This holds everything else you or the other party file: applications, affidavits, financial statements, motions, and more.

Each volume should include a table of contents to keep things organized. Documents are added in chronological order, so the court can easily follow the flow of the case over time.

Where It Gets Confusing (and How to Make It Simpler)

Family Law Rule 9 may tell you that every document needs to be filed in the continuing record, but it doesn’t walk you through how to do it properly. That’s where many self-represented people feel overwhelmed.

A much more helpful (and human-friendly) resource is the Steps to Justice guide from CLEO. It explains in clear language:

• The difference between the two volumes

• How to label and file documents correctly

• How to stay organized even without a legal background

• That court staff can often help if you’re unsure

If you’ve been asking yourself, “What is a continuing record and how do I make one?” that site is a good place to start.

It’s Not Legalese — It’s Just File Management

Let’s reframe this. A continuing record isn’t some mysterious legal task, it’s organized file-keeping. Think of it like building a binder for your case:

• Label each form clearly (e.g., “Form 13 – Financial Statement – May 12, 2025 – Applicant”)

• Insert pages in the order they were filed

• Keep the table of contents updated as new documents are added

If you're self-represented, don’t be afraid to ask court staff questions. It’s their job to help. And remember: it’s okay to take your time. You’re not being tested; you’re building a record of your story.

A Law Clerk’s Perspective

When I first read about the continuing record in my family law textbook, it seemed overly formal and, frankly, a bit intimidating. But once I started working with actual files, I realized it’s not about perfection, it’s about accessibility.

Judges don’t have time to flip through messy stacks of papers. They rely on the continuing record to quickly locate what they need. A clear, well-organized file helps you and helps the court. And that’s a win for everyone involved.

Helpful Resources

• What is a continuing record and how do I prepare one? – Steps to Justice

• Ontario Family Law Rules – Rule 9 (Formal text)

Next Steps

If you're preparing your own continuing record, here are a few practical steps:

1. Start with two binders or folders: one for court orders and one for filed documents

2. Use a table of contents and file everything in order

3. Refer to the Steps to Justice guide when in doubt

4. Don’t hesitate to ask court staff for help

5. Stay consistent, even small details matter

Understanding what a continuing record is can remove a huge layer of stress from your case. Once you get the system down, it actually helps you feel more in control - and less overwhelmed.

Need help organizing your continuing record? Reach out and schedule a consultation.